R.Krithika v. S. Mayurapriyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.15883 of 2023 R.Krithika ... Petitioner Vs.

1.S.Mayurapriyan 2.R.Sunil ... Respondents Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.329 of 2022 pending on the file of the Subordinate Court at Tambaram and transfer the same to the file of the Family Court at Chennai. For Petitioner : Ms.Gayathri for M/s.P.B.Ramanujam Associates For Respondents : Mr.B.A.Dhanasekaran Page No 1 of 5

ORDER

The petitioner and the respondent were married on 30.04.2007 at Chennai. From the wedlock, two male children were born on 05.08.2008 and 18.02.2010, respectively. The petitioner and the children are residing at Ayapakkam, Chennai. Thereafter, disputes arose between the petitioner and the first respondent. The first respondent has initiated the matrimonial proceeding in H.M.O.P.No.329 of 2022 before the Subordinate Court at Tambaram.

2. The petitioner claims that she is unable to travel from Ayapakkam, where she is currently residing, to Tambaram as she has to take care of her children. Hence, seeks transfer of proceedings in H.M.O.P.No.329 of 2022 on the file of the Subordinate Court, Tambaram to the file of the Family Court, Chennai.

3. Taking into consideration the difficulty expressed by the petitioner and the fact that she has children to attend to, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.329 of Page No 2 of 5

2022 which is now pending on the file of the Subordinate Court, Tambaram is withdrawn and it shall stand transferred to the file of the Family Court, Chennai. It is made clear that since the first respondent is residing in Singapore, he need not appear for every hearing. But he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel or through a Power of Attorney.

4. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Connected Civil Miscellaneous Petition is closed. 16.04.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Subordinate Court, Tambaram.

2.The Family Court, Chennai.

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V. LAKSHMINARAYANAN, J.

arb and C.M.P.No.15883 of 2023 16.04.2024 Page No 4 of 5

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