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Madras High CourtTR CMP/657/2023allowed

Arockiya Bavithra v. Dhilip Kumar

2024-04-30Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.16315 of 2023 Arockiya Bavithra .. Petitioner Vs.

Dhilip Kumar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.299 of 2023 pending before the Family Court at Puducherry and transfer the same to the file of the Family Court at Tiruchirapalli. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.S.Shakul Hameed

ORDER

The petitioner has moved this petition for transfer of proceeding in H.M.O.P.No.299 of 2023 from the file of the Family Court at Puducherry to the file of the Family Court at Tiruchirapalli. Page No 1 of 4

2. The petitioner is a permanent resident of Tiruchirapalli. The husband has initiated proceeding for divorce in H.M.O.P.No.299 of 2023 on the file of the Family Court at Puducherry.

3. It will be difficult for the petitioner to travel a distance of 200 Kms from Tiruchirapalli to Puducherry and back, along with a two year old child.

4. Taking into consideration the convenience of the wife, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.299 of 2023 pending on the file of the Family Court at Puducherry is withdrawn and it shall stand transferred to the file of the Family Court at Tiruchirapalli.

5. It is made clear that the 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.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. The connected Civil Miscellaneous Petition is closed. 30.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Family Court, Puducherry 2.The Family Court, Tiruchirapalli Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.16315 of 2023 30.04.2024 Page No 4 of 4