Pooja v. Ashok Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 10753 OF 2025

1. POOJA W/o. Ashok Kumar, No. 2/10, Mahalakshmi Nagar 4th Street, Sri Nagar, Poonamalle, Chennai-56.

Petitioner(s) Vs

1. Ashok Kumar S/o. Ravichandran, Presently Res. at 10, Rock Court, Morley, Leeds, LS278WH, United Kingdom,. Also at, No. 6A, Radhakrishnan Street, Kamaraj Nagar, Venkata Nagar, Puducherry-11.

Respondent(s) PRAYER This transfer civil miscellaneous petition is filed under Section 24 of CPC,

praying to pass an order to withdraw the petition HMOP No. 177 of 2025 pending on the file of the Honble Family Court, Puducherry from the file of the said Honble Court and transfer the same to the file of the Honble Sub Court, at Poonamalle, Chennai For Petitioner(s):

Mr.K.P.Sathish Kumar For Respondent(s):

Mr V. Kamala Kumar & Ms C. Jansi Ravi for M/s Hemavathi,

ORDER

Mr V. Kamala Kumar & Ms C. Jansi Ravi for M/s Hemavathi, learned counsel undertake to file vakalat for the respondent. 2.On the other hand from the affidavit filed in support of the transfer application, it is seen that the petitioner/wife has to take care of an eight-monthold baby, and she expresses inconvenience to travel all the way to attend the proceedings at the Family Court, Puducherry, where the presence of the petitioner is also mandatory.

3.The learned counsel for the respondent states that the respondent is presently in the United Kingdom, and the transfer request is opposed on the ground that there are life threat issues to the respondent, and he apprehends fear of security and threat to his life if he so attends the proceeding before the Sub Court at Poonamalle, Chennai.

4.In any way, the respondent is employed abroad and further, the petitioner seeks transfer only to the Sub Court, where the physical presence of the respondent is not necessary.

5.In the light of the above, I am inclined to allow the transfer CMP and withdraw the petition in HMOP No. 177 of 2025 from the Family Court, Puducherry and transfer the same to the file of the Sub Court, at Poonamalle, Chennai. It is made clear that the Sub Judge, Poonamalle, shall not insist on the physical appearance of the respondent / husband for all hearing dates, and if any video conferencing facility is available, it shall be open to the respondent to avail the same.

In the result, the Transfer CMP is allowed. The petition in HMOP No.

177 of 2025, pending on the file of the Family Court, Puducherry, is withdrawn and transferred to the file of the Sub Court, Poonamallee, Chennai. No costs. Consequently, the connected miscellaneous petition stands closed. 08-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judge, Family Court, Puducherry.

2.The Judge, Sub Court, Poonamallee, Chennai.

P.B.BALAJI J.

jrs AND CMP NO. 10753 OF 2025 08-08-2025