P.N. Seethalakshmi v. G. Ambikesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 707 of 2022 and C.M.P.No. 12074 of 2022 P.N. Seethalakshmi ... Petitioner Vs.

G. Ambikesh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw and transfer the OP.No.2495 of 2022 on the file of VI Additional Family Court at Madras to the Principal Family Court at Coimbatore for trial.

For Petitioner : Mr. V. Janarthanan For Respondent : Mr. T.S. Rajamohan 1/6

O R D E R

The petitioner / wife seeks transfer of O.P.No.2495 of 2022 pending on the file of VI Additional Family Court, Chennai to the Principal Family Court, Coimbatore. The petitioner / wife seeks transfer of the proceedings before the Principal Family Court, Coimbatore on the ground that she is living at Coimbatore and she is not able to attend the Court hearings by travelling 500 kms.

2. The learned counsel for the petitioner submitted that the marriage between the respondent and the petitioner was solemnized on 08.12.2021 at Annamaiyah Midland residency, Telungupalayam Pirivu, Perur Main Road, Coimbatore, as per the Hindu rites and customs. Further submitted that now the petitioner is living with her parents and she has no source of income. Further submitted that it is difficult to travel nearly 500 kms to attend the Court proceedings at Chennai. Hence, she prays to transfer the O.P.No.2495 of 2022, to the Principal Family Court, Coimbatore. 2/6

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the O.P.No.2495 of 2022 to the Principal Family Court, Coimbatore.

4. In view of the above, O.P.No.2495 of 2022 is withdrawn from the file of the VI Additional Family Court, Chennai and transferred to the file of Principal Family Court, Coimbatore to be disposed of in accordance with law and the VI Additional Family Court, Chennai is directed to send entire records to the Principal Family Court, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 3/6

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6. However, the Principal Family Court, Coimbatore is directed to issue notice to the respondent and then proceed with the matter as early as possible, within six months from the date of this order. 07.11.2023 Index : Yes / No AT To

1. The VI Additional Family Court, Chennai.

2. The Principal Family Court, Coimbatore.

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T.V.THAMILSELVI, J.

AT Tr.C.M.P.No. 707 of 2022 and C.M.P.No. 12074 of 2022 07.11.2023 6/6