R.Kowsalya v. Vignesh @ Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.12306 of 2023 R.Kowsalya .. Petitioner Vs.

Vignesh @ Venkatesan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.50 of 2023 from the file of the Principal Sub Court at Villupuram and transfer the same to the file of the Family Court at Chennai. For Petitioner : Mr.Karthick S For Respondent : Served, No Appearance

ORDER

The wife is the petitioner before me. She seeks transfer of proceedings in H.M.O.P.No.50 of 2023 from the file of the Principal Subordinate Court at Villupuram to the file of the Family Court at Chennai.

2. The petitioner pleads that she is unable to travel from Villupuram Page No 1 of 4

to Chennai, which if undertaken, makes her travel about 200 Kms in both ways.

3. Notice and an interim stay were ordered by this Court on 20.06.2023. The respondent/husband was served, but he has not entered appearance nor he appeared in person to oppose this petition.

4. Taking into consideration the difficulties expressed by the wife, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.50 of 2023 pending on the file of the Principal Sub Court at Villupuram is withdrawn and it shall stand transferred to the file of the Family Court at Chennai.

5. It is made clear that the husband need not appear for every hearing. But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. The connected Civil Miscellaneous Petition is closed. 29.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

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mkn2 To 1.The Principal Sub Court, Villupuram 2.The Family Court, Chennai and C.M.P.No.12306 of 2023 29.04.2024 Page No 4 of 4