Madras High CourtTR CMP/499/2023allowed

V.Vaishnavi v. R.Manikandan

2024-04-17Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Tr.C.M.P.No.499 of 2023 and C.M.P.No.11912 of 2023 V.Vaishnavi .. Petitioner Vs.

R.Manikandan .. Respondent Prayer: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code to withdraw the case in F.C.O.P.No.271 of 2021 on the file of the District Family Court, Erode and transfer the same to the file of the District Family Court, Hasthampatti, Salem. For Petitioner : Ms.R.Reshma for Mr.L.Ramanathan For Respondent : Mr.G.Pavendhan 1/4

ORDER

This petition is for transfer at the instance of wife.

2. The parties got married on 17.04.2019 at Tindal, Erode. Subsequently, a child was born on 29.01.2020. The mother is taking care of the child. The mother is a permanent resident of Kondalampatti at Salem. The respondent / husband has moved a petition for restitution of conjugal rights in F.C.O.P.No.271 of 2023 before the learned Family Court at Erode.

3. Taking into consideration of the fact that the travel from Erode to Salem will take about an hour and more, one way and since the petitioner has to take care of her new born child, I am inclined to transfer the case.

4. Accordingly, F.C.O.P.No.271 of 2023 is withdrawn from the file of the District Family Court, Erode and transferred to the file of District Family Court, Hasthampatti at Salem.

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5. The husband need not travel for every hearing to the District Family Court, Hasthampatti at Salem. His presence shall be insisted upon only for hearings where his appearance is indispensable. For all other hearings including procedural hearing, he may appear through a counsel.

6. With the above directions, this Transfer Civil Miscellaneous Petition is allowed. No costs. Connected miscellaneous petition is closed. 17.04.2024 Index : Yes / No : Yes / No Speaking Order / Non-speaking order bkn 3/4

V.LAKSHMINARAYANAN, J.

bkn To

1. The District Family Court, Hasthampatti, Salem.

2. The District Family Court Erode.

Tr.C.M.P.No.499 of 2023 17.04.2024 4/4