R.Vishali v. N.Saravanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.535 of 2023 & CMP.No.12615 of 2023 R.Vishali ... Petitioner -VersusN.Saravanan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the petition in FCOP.No.92 of 2023 on the file of the Family Court at Vellore and to transfer the same to the Family Court at Chennai.
For Petitioner : Mr.V.Vinothkumar For Respondent : Mr.N.Sairam Ganapathy
ORDER
The wife is the petitioner. She seeks the transfer of FCOP.No.92 of 2023 from the file of the Family Court at Vellore to the file of the Family Court at Chennai.
2. The petitioner and the respondent were married on 18.02.2019 at Walajahpet. Thereafter, they fell out and they are before the Family Court at
Vellore.
3. The husband has moved an application for divorce on grounds of cruelty before the Family Court at Vellore. The wife is a resident of Chennai and resides with her mother. She finds it difficult to travel from Chennai to Vellore to attend every hearing.
4. In matrimonial proceedings, the interest of the wife would have to be given importance. Taking those principles in these circumstances and also considering the fact that the respondent has not opposed this application, I am inclined to allow this transfer petition.
5. Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.
6. From the address, it is clear that the husband is a permanent resident of Vellore. The Family Court at Chennai shall insist upon the appearance of the husband only for essential hearings. For non-essential or procedural hearings, he can be represented through a counsel. He shall appear in person only when his presence is indispensable.
16.04.2024 nl Index : yes / no
: yes / no Speaking / Non Speaking Order To 1.The Family Court at Vellore 2.The Family Court at Chennai
V.LAKSHMINARAYANAN, J.
nl 16.04.2024