Madras High CourtTR CMP/567/2023allowed

N.Kalaiselvi v. S.L.Vijay Anand

2024-04-03Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN N.Kalaiselvi ... Petitioner -VersusS.L.Vijay Anand ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.12 of 2023 on the file of the Family Court at Krishnagiri and transfer the same to the Family Court, Salem to be tried along with H.M.O.P.No.378 of 2023 filed by the petitioner. For Petitioner : Mr.R.Jayaprakash For Respondent : No appearance

ORDER

This petition has been filed by the wife seeking for withdrawal and transfer of HMOP.No.12 of 2023 now pending on the file of the Family Court at Krishnagiri to be heard and tried along with HMOP.N0.378 of 2023 filed by

the wife before the Family Court at Salem.

2. The petitioner/wife states that she has initiated the proceedings before the Additional Mahila Court at Salem and thereafter, the husband had moved an application before the Family Court at Krishnagiri. There is also a proceeding pending before the Family Court at Salem for divorce in HMOP.No.378 of 2023. The petitioner states that she is unable to travel for 170 kms from Salem to Krishnagiri as she is unemployed and has to take care of her aged parents.

3. This Court had ordered notice to the respondent on 06.07.2023. Despite the service of notice, the respondent has not entered appearance.

4. Considering the difficulties and inconvenience that will be caused for the petitioner to travel from Krishnagiri to Salem, I am inclined to grant the transfer. Accordingly, HMOP.No.12 of 2023 on the file of the Family Court at Krishnagiri is withdrawn and transferred to the file of the Family Court at Salem, to be heard and tried along with HMOP.No.378 of 2023 pending on its file. Consequently, this transfer civil miscellaneous petition is allowed and the connected civil miscellaneous petition is closed. No costs. 03.04.2024 nl

Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Family Court, Krishnagiri 2.The Family Court, Salem

V.LAKSHMINARAYANAN, J.

03.04.2024