Madras High CourtTR CMP/727/2023allowed

M.Gokila v. S.G.Raja

2024-04-15Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.17617 of 2023 M.Gokila .. Petitioner Vs.

1.S.G.Raja 2.Velmurugan .. Respondents Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.694 of 2023 on the file of the Family Court at Coimbatore and transfer the same to the Family Court at Namakkal.

For Petitioner : Mr.K.S.Karthik Raja For Respondents : M/s.G.V.Seethalakshmi for Mr.K.A.Mariappan

ORDER

Page No 1 of 4

The petitioner and the 1st respondent got married on 10.11.2000. From the wedlock, a male child was born. Though he is aged about 21 years, he is mentally challenged and is taking treatment at Salem and at Namakkal Districts.

2. Due to differences of opinion between the parties, the husband has initiated proceedings in H.M.O.P.No.694 of 2023 before the Family Court at Coimbatore.

3. The learned counsel for the petitioner submits that the distance between Namakkal and Coimbatore is around 200 Kms and when calculated both ways, it comes around 400 Kms.

4. Considering the fact that the petitioner has a child to take care of and also the convenience of the wife to contest the proceedings from Namakkal, I am inclined to allow this transfer petition. Hence, the proceedings in H.M.O.P.No.694 of 2023 which is now pending on the file of the Family Court at Coimbatore is withdrawn and it shall stand transferred to the file of the Family Court at Namakkal. It is made clear that the Page No 2 of 4

husband 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.

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

15.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Family Court, Coimbatore 2.The Family Court, Namakkal Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.17617 of 2023 15.04.2024 Page No 4 of 4