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Madras High CourtTR CMP/425/2023allowed

J. Poornima v. R.R.Praveen Raja

2024-02-20Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Tr CMP.No.425 of 2023 and CMP.No.9498 of 2023 J. Poornima ... Petitioner Vs R.R.Praveen Raja ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the FCOP No.100/2023 from the file of the Family Court, Vellore and transfer the same to the Sub Court, Poonamallee, Tiruvallur district.

For Petitioner ... Mr. K. Balasubramaniam For Respondent ... No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the FCOP No.100/2023 from the file of the Family Court, Vellore

and transfer the same to the Sub Court, Poonamallee, Tiruvallur district.

2. The petitioner is wife and the respondent is husband. The respondent herein has filed the above FCOP No.100/2023 for restitution of conjugal rights. The Petitioner being the wife of R.R.Praveen Raja, respondent herein, submits that their marriage was solemnised on 02.12.2021 as per Hindu Rites and Customs. In support of the prayer, learned counsel for the petitioner pleaded that the respondent and their family members humiliated the petitioner mentally and she was sent out of the matrimonial home by the respondent. Fearing that the petitioner would lodge a complaint against the respondent and their family members, the respondent had filed FCOP.No.100 of 2023 before the Family Court Vellore to show that as if he is ready to take the petitioner to the matrimonial home.

Learned counsel appearing for the petitioner would further submit that as the petitioner has been living with her aged mother in Nolambur, Chennai, she finds it difficult to travel 140 Kilometes for each and every hearing to attend the case at Vellore and therefore, if the F.C.O.P.No.

the respondent.

3. As per the records maintained by the registry, notice was served on the respondent on 11.05.2023, but the respondent has not chosen to engage any counsel or appear before this Court.

4. In view of the submission made by the learned counsel for the petitioner and also considering the fact that the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the case, as prayed for in the petition.

5. Accordingly, F.C.O.P.No.100/2023 is hereby directed to be withdrawn from the file of the Family Court, Vellore and transfer to the Sub Court, Poonamallee, Thiruvallur disstrict. The Family Court, Vellore is directed to send the entire records to the Sub Court, Poonamallee, Tiruvallur district within a period of two weeks from the date of receipt of a copy of this order and on receiving the same, the learned Sub Court, Ponamallee, Thiruvallur district is directed to issue notice to both parties

and thereafter, dispose of the case on merits as early as possible.

6. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 20.02.2024 Internet : Yes/No dpq To 1.The Family Court, Vellore.

2.The Sub Court, Poonamallee, Thiruvallur district.

V. SIVAGNANAM, J.

dpq Tr CMP.No.425 of 2023 20.02.2024