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Madras High CourtTR CMP/1004/2023allowed

Sivasakthi @ Sindhu Kavi, v. Aanantha Gopinath,

2024-07-15Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.24265 of 2023 Sivasakthi @ Sindhu Kavi ... Petitioner Vs.

Aanantha Gopinath ... Respondent PRAYER: The Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.903 of 2022 on the file of the Family Court, Madurai, and transfer the same to the file of the Family Court, Coimbatore.

For the Petitioner : Mr.S.Ramesh For the Respondent : Mr.M.Muthukumaran

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.903 of 2022 on the file of the Family Court, Madurai, and transfer the same to the file of the Family Court, Coimbatore. Page No 1 of 4

2. The petitioner and the respondent got married on 20.05.2018. Due to disputes and differences, they have separated. The husband has initiated proceedings in H.M.O.P.No.903 of 2022 before the Family Court, Madurai.

3. The petitioner pleading that she is a single woman, could not travel from Coimbatore to Madurai for every hearing. Hence, she seeks for transfer of H.M.O.P.No.903 of 2022 to the file of the Family Court, Coimbatore.

4. Distance between Coimbatore to Madurai is about 200 kms one way. The petitioner being a single woman finds it difficult to travel. Therefore, taking into consideration interest of the wife, the proceedings in H.M.O.P.No.903 of 2022 pending before the Family Court, Madurai is withdrawn and transferred to the file of the Family Court, Coimbatore.

5. The learned Judge, Family Court at Coimbatore, is requested not to insist on the presence of the husband for every hearing, but he shall be directed to be present only for such hearings, where his presence is indispensable. On the other hearings, he may be represented through a Page No 2 of 4

counsel.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

15.07.2024 Index : Yes/No Speaking order / Non-speaking order Jer To 1.The Judge, Family Court, Madurai.

2.The Judge Family Court, Coimbatore.

Page No 3 of 4

V.LAKSHMINARAYANAN, J.

Jer 15.07.2024 Page No 4 of 4