S.M.Manochitra v. V.Gokul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI & CMP.No.7866 of 2025 S.M.Manochitra ... Petitioner vs.

V.Gokul ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw H.M.O.P.No.1660 of 2024 from the file of the Family Court, Coimbatore and to transfer the same to the file of the Principal Family court, Chennai.

For Petitioner : Mr.D.Pakiaraj For Respondent : Mr.Sam Vayaraj Honston for M/s.Sarvabhauman Associates

ORDER

The petitioner who is the wife in the matrimonial proceedings seeks transfer of H.M.O.P.No.1660 of 2024 pending on the file of the Family Court, Coimbatore, to the file of the Principal Family court, Chennai. 1/4

2. The learned counsel for the respondent states that the respondent denies the averments and allegations made in the affidavit filed in support of the transfer petition and seeks for dismissal of the same.

3. However, on going through the affidavit and also typed set of papers, I find that the petitioner wife is pursuing her studies at Stella Maris College, Chennai. The Apex Court as well as this Court, had time and again reiterated that the convenience of the wife should be given paramount consideration in matters concerning transfer of matrimonial proceedings.

4. In view of the above, making it clear that the respondent does not admit the averments and allegations made in the affidavit filed in support of the Transfer Civil Miscellaneous Petition, the Transfer Civil Miscellaneous Petition is ordered as prayed for, with a direction to the Principal Family Court, Chennai to take up the hearing in H.M.O.P.No.1660 of 2024 either by itself or assign it to any other Family Court at Chennai, subject to pendency of cases before the Family Courts at Chennai. The Principal Family Court, Chennai is directed not to insist on the physical presence of the parties for all hearings, unless their presence is absolutely necessary, for example, the chief examination/cross examination. On all other hearing dates, they can be 2/4

represented by their counsel or authorised agent. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 11.06.2025 vum Index : Yes/No Speaking Order : Yes / No To

1. The Family Court, Coimbatore.

2. The Principal Family Court, Chennai.

P.B. BALAJI,J.

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