Madras High CourtTR CMP/549/2024allowed

Reshma v. Arunkumar

2024-10-18Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.12039 of 2024 Reshma .. Petitioner

Versus

Arun Kumar .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw H.M.O.P.No.144 of 2023 on the file of the Family Court, Salem and transfer it to the file of the Family Court, Chengalpattu.

For Petitioner : Mr.A.Rajakumar For Respondent : Mr.M.Settu

ORDER

The petitioner is the wife. She married the respondent on 25.08.2019 at Salem. From the wedlock, a child was born who is aged about four years today. The husband initiated H.M.O.P.No.144 of 2023 on the file of the 1/4

Sub-Court at Salem seeking for divorce. The petitioner pleads that she is not in a position to travel from Kalpakkam to Salem leaving behind her child. Hence this Transfer Civil Miscellaneous Petition.

2. Notice was ordered on 20.06.2024 and Mr.M.Settu has entered appearance for the respondent. Mr.Settu tendered no objection for the proceeding to be transferred from the Family Court, Salem to the Family Court, Chengalpattu. Apart from that, the distance between Kalpakkam to Salem is considerable.

3. Taking into consideration the convenience of the wife as well as the no objection tendered by the husband, the proceeding in H.M.O.P.No.144 of 2023 on the file of the Family Court, Salem is withdrawn and transferred to the file of the Family Court, Chengalpattu. Considering the request made by Mr.M.Settu, the respondent need not to appear for every hearing before the Family Court, Chengalpattu. He shall be represented by a Counsel on all hearing dates. On hearing dates in which his presence is essential, he shall present himself. 2/4

4. With the above directions regarding appearance of the respondent/husband, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 18.10.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Family Court, Salem.

2. The Family Court, Chengalpattu.

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V.LAKSHMINARAYANAN, J.

grs and C.M.P.No.12039 of 2024 18.10.2024 4/4