S. Harshini v. V. Naveen Prasanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 483 of 2023 and C.M.P.No.11588 of 2023 S. Harshini ... Petitioner Vs.

V. Naveen Prasanna ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw the case in H.M.O.P.No.489 of 2023 pending on the file of the Family Court at Madurai, Madurai District and transfer the same to the Family Court, Vellore, Vellore District. For Petitioner : Mr. S. Raja Ravi Varma For Respondent : Ms. G.V. Seethalakshmi 1/5

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No. 489 of 2023 pending on the file of Family Court, Madurai to the Family Court, Vellore. The petitioner / wife seeks transfer of the proceedings before the Family Court, Vellore on the ground that she is living at Vellore and she is not able to attend the Court hearings by travelling 450 kms.

2. The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 06.02.2019 at C.R. Mahal Madurai, as per Hindu Rites and Customs. Further submitted that the petitioner is staying with her parents house and doing further studies. Further submitted that the petitioner is unable to attend the Court hearings by travelling 450 kms. Hence, she prays to transfer the H.M.O.P.No.489 of 2023, to the Family Court, Vellore. 2/5

3. The learned counsel for the respondent submits that he is living with her mother who is a cancer patient and suggested to transfer the matter to middle place where both the parties can easily accessible.

4. Considering that, this Court is inclined to transfer the H.M.O.P.No. 489 of 2023 to the Family Court, Salem.

5. In view of the above, H.M.O.P.No.489 of 2023 is withdrawn from the file of the Family Court, Madurai and transferred to the file of the Family Court, Salem to be disposed of in accordance with law and the Family Court, Madurai is directed to send entire records to the Family Court, Salem, within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

7. However, the Family Court, Salem is directed to issue notice to the 3/5

respondent and also refer the matter to the mediation, not less than 5 sittings are suggested at the Mediation Centre, Salem then proceed with the matter as early as possible, preferably within a period of six months from the date of this order.

27.11.2023 Index : Yes / No AT 4/5

T.V.THAMILSELVI, J.

AT To

1. The Family Court, Madurai.

2. The Family Court, Salem.

Tr.C.M.P.No. 483 of 2023 and C.M.P.No.11588 of 2023 27.11.2023 5/5