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Madras High CourtTR CMP/366/2024allowed

Chandraleka v. M.Rajamuthu

2024-10-25Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.10.2024

CORAM

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN & C.M.P.No. 7719 of 2024 Chandraleka

...Petitioner

Vs.

Rajamuthu

...Respondent

Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.1846 of 2023, on the file of the Family Court, Coimbatore and transfer the same to the Sub Court, Mayiladuthurai.

For Petitioner :

Mr. B.Jawahar For Respondent :

Mr. Prahlad K Bhat.

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ORDER

The petitioner is the wife. She has initiated this proceedings for transfer of H.M.O.P.No.1846 2023 from the file of the Family Court, Coimbatore, to the file of the Sub Court, Mayiladuthurai. The plea of the petitioner is that she is a permanent resident of Nallathukudi at Mayiladuthurai District. She adds that she has two children, one aged about 12 years and the other aged about 10 years. Both of them are studying at Mayiladuthurai. She pleads that she is unable to travel from Mayiladuthurai to Coimbatore, to contest the proceedings initiated by the husband for divorce. Hence, this petition for transfer.

2. Mr.Prahlad K Bhat submitted that the wife is residing in Malaysia. I passed over the matter for Mr.Jawahar to get instructions in this regard. On instructions, Mr.Jawahar pleads that the wife is residing in Mayiladuthurai and not at Malaysia. 2/5

3. Taking into consideration the convenience of the wife, who is taking care of two young children, I am inclined to transfer H.M.O.P.No.1846 of 2023 from the file of the Family Court, Coimbatore, to the file of the Sub Court, Mayiladuthurai.

4. The Transfer Civil Miscellaneous Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

25.10.2024 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Family Court, Coimbatore.

2.The Sub Court, Mayiladuthurai.

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V.LAKSHMINARAYANAN, J.

kan 25.10.2024 5/5