S.Soundarya v. Santhoshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.636 of 2024 & CMP.No.13558 of 2024 S.Soundarya : Petitioner versus Santhoshkumar : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer HMOP.No.54 of 2024 on the file of the Family Court at Cuddalore to the Family Court at Chennai.

For Petitioner : Ms.S.Mohanasundari For Respondent : Ms.S.Rithika for Mr.M.VijayaRaghavan

ORDER

The petitioner is the wife. She is a resident of Perambur Barracks

Road in Chennai. She married the respondent on 08.09.2016. From the wedlock, a girl was born on 30.11.2019. The child, who is in the custody of the mother, is pursuing her school education.

2. The husband has initiated HMOP.No.54 of 2024 on the file of the Family Court at Cuddalore.

3. The petitioner states that she is not in a position to travel, leaving the child at Chennai, to attend the hearing before the Family court at Cuddalore. Hence the transfer.

4. Notice was ordered in this application on 18.07.2024 and the respondent entered appearance through Ms.S.Rithika.

5. Ms.S.Rithika would submit that the allegations made in the transfer petition regarding the capability of her client to engage goondas is absolutely false. She states that her client is an utmost law abiding citizen and the entire allegations against her client are false.

6. I have considered the submissions of both sides.

7. The petitioner wife is a young women, aged 29 years. She has a child to take care of who is school going. It would be difficult for her to leave the child behind at Chennai and travel to Cuddalore to attend the

hearing.

8. Taking into consideration the convenience of the wife, the proceedings in HMOP.No.54 of 2024 is withdrawn from the file of the Family Court, Cuddalore and is transferred to the file of the Family Court at Chennai. It is made clear that the Family Court at Chennai need not insist upon the respondent to appear for every hearing except the essential hearing. The respondent shall be present only for such hearings when his appearance is indispensable. For all other hearings, the respondent shall be represented by a counsel.

9 . With the above directions, this transfer petition is allowed. No costs. Consequently,the connected miscellaneous petition is closed. 06.09.2024 nl Index : Yes/No Speaking Order/Non-speaking order : Yes/No

V.LAKSHMINARAYANAN, J.

nl To 1.The Family Court at Cuddalore 2.The Family Court at Chennai 06.09.2024