A. Pavithra v. S.K. Niranjan Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.08.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.13260 of 2024 A.Pavithra ... Petitioner Vs.

S.K.Niranjan Kumar ... Respondent PRAYER: Transfer Petition filed under Section 24 of Civil Procedure Code to withdraw O.P.No.43 of 2024 on the file of the Subordinate Court, Sathyamangalam and transfer the same to the file of the Family Court, Tiruppur.

For the Petitioner :

Mr.N.S.Suganthan

ORDER

Wife is the petitioner. She married the respondent-husband on 08.10.2023. Due to disputes and differences, the parties have separated. Alleging that she had been ill treated, the wife left her matrimonial home and is currently staying at Uthukuli, Tiruppur. She is aged about 21 years. The respondent-husband has initiated O.P.No.43 of 2024 on the file of the Page No.1 of 4

Subordinate Court, Sathyamangalam. He seeks for divorce in the said proceedings. The wife pleads that the distance between Sathyamangalam and Uthukuli is 180 kms. She states that she is unable to travel the said distance and she cannot be accompanied by her parents, due to their age.

2. Notice was ordered in this transfer petition. The respondent has been served. He has not entered appearance either through his counsel nor he is present before this Court to oppose this petition. 3.Taking into consideration the convenience of the wife and her age, proceedings in O.P.No.43 of 2024 are withdrawn from the file of the Subordinate Court, Sathyamangalam and transferred to the file of the Family Court, Tiruppur.

4.On such transfer of proceedings, the presence of the husband need not be insisted upon by the learned Judge, Family Court, Tiruppur, for every hearing. It is sufficient, if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be represented through a counsel.

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5. With the aforesaid directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

23.08.2024 Jer Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order To 1.The Sub Judge, Subordinate Court, Sathyamangalam. 2.The Judge, Family Court, Tiruppur.

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V.LAKSHMINARAYANAN, J., Jer and C.M.P.No.13260 of 2024 23.08.2024 Page No.4 of 4