D.Romila v. D.Santhosh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.520 of 2023 & C.M.P.No.12277 of 2023 D.Romila ... Petitioner -VersusD.Santhosh ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP No.9 of 2023 on the file of the Family Court, Tiruppur and transfer the same to the Family Court, Erode. For Petitioner : Mr.M.Guruprasad For Respondent : Mr.Vengadesh Durairaja V.K.

ORDER

The petitioner is the wife. The respondent/husband has filed HMOP.No.9 of 2023 on the file of the Family Court at Tiruppur.

2. The petitioner seeks transfer of proceedings from the file of the Family Court at Tiruppur to the file of the Family Court at Erode pleading that she is unable to travel from Erode to Tiruppur.

3. The distance between Tiruppur and Erode is about 50 kms, which in my opinion is not so inconsiderable that the wife cannot travel. Since she pleads financial difficulties, I am inclined to consider the application insofar as transfer of the case not to the place which the petitioner seeks, but to a place which is situated via media.

4. Accordingly, HMOP.No.9 of 2023 is withdrawn from the file of the Family Court at Tiruppur and is transferred to the file of the Sub Court at Perundurai. By such transfer, it obviates the necessity of both the parties to appear for all the hearings. They can always contest the proceeding by engaging the service of a lawyer.

5. With the above direction, this transfer civil miscellaneous petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

03.06.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The Family Court, Tiruppur 2.The Sub Court, Perundurai

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.520 of 2023 & C.M.P.No.12277 of 2023 03.06.2024