Madras High CourtTR CMP/559/2023allowed

Princy v. Syril Joseph

2024-04-23Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN and CMP.No.13343 of 2023 Princy ... Petitioner Vs Syril Joseph ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of CPC praying to transfer the matrimonial IDOP.No.160 of 2023 before the Family Court, Chengalpattu to the Family Court, Salem. For Petitioner : Mr.S.P.Yuaraj For Respondent : Mr.Rajendran

ORDER

The petitioner-wife has presented this petition to withdraw the petition filed by the respondent-husband in I.D.O.P.No.160 of 2023 before the Family Court, Chengalpattu and transfer it to Family Court, Salem. 1/4

2. The petitioner-wife is a young woman of 27 years old. The petition in I.D.O.P.No.160 of 2023 has been initiated by the respondent-husband under the provisions of the Indian Divorce Act before the Family Court, Chengalpattu. The wife is a permanent resident of Yercaud. She finds it difficult to travel from Yercaud to Chengalpattu to attend every hearing in IDOP proceedings. Hence, the present petition.

3. Heard Mr.S.P.Yuaraj, learned counsel for the petitioner and Mr.Rajendran, learned counsel for the respondent.

4. Taking into consideration the difficulties expressed by the petitionerwife in travelling from Yercaud to Chengalpattu to attend the proceedings in IDOP.No.160 of 2023, I am inclined to allow this petition

5. Accordingly, I.D.O.P.No.160 of 2023 is withdrawn from the file of Family Court, Chengalpattu and is transferred to the file of Family Court at Salem. The presence of respondent-husband need not be insisted upon by the Family Court, Salem for every hearing. His presence is sufficient only on 2/4

essential hearings, and on all other non-essential or procedural hearings, he may be represented through his counsel.

6. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

23.04.2024 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order ds To:

1.The Judge Family Court Chengalpattu.

2.The Judge Family Court Salem.

3.The Section Officer VR Section, High Court, Madras.

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V.LAKSHMINARAYANAN,J.

ds 23.04.2024 4/4