J.G.Helan Sathiya v. A.V.M.Prabhakara Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.657 of 2024 & CMP.No.14217 of 2024 J.G.Helan Sathiya : Petitioner versus A.M.V.Prabhakara Raja : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the IDOP.No.105 of 2024 pending on the file of the Family Court, Chengalpet and transfer the same to the Family Court at Chennai. For Petitioner : Mr.M.Aravindan For Respondent : Mr.M.Vijayaraghavan

ORDER

This transfer petition is at the instance of the wife. She married the respondent on 27.01.2020 at C.S.I. St. John's Church, Gopalapuram in

Chennai. Due to disputes and differences, the parties have separated.

2. The husband has initiated IDOP.No.105 of 2024 on the file of the Family Court at Chengalpet. The wife would plead that the Family Court at Chengalpet does not have jurisdiction to entertain the said proceedings as the marriage had taken place at Cathedral Road, Chennai and the matrimonial home was set up at K.K. Nagar, Chennai.

3. Notice was ordered in the application on 18.07.2024. Originally Mr. Vijayaraghavan took notice for the respondent and requested the matter to be listed today.

4. Today Ms.S.Ritika representing Mr. Vijayaraghavan would plead that her client had instructed her to report no instructions in the matter.

5. Taking into considerations the allegations made in the petition that the Family Court at Chengalpet has no jurisdiction to entertain the proceedings in IDOP.No.105 of 2024 when the records would show that the

marriage was solemnized at Chennai and the parties have set up their matrimonial home at Chennai, I am inclined to accept the transfer.

6. Accordingly, IDOP.No.105 of 2024 is withdrawn from the file of the Family Court, Chengalpet and is transferred to the file of the Family Court, Chennai.

7. With the above directions, this transfer petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 09.09.2024 nl Index : Yes/No Speaking Order/Non-speaking order : Yes/No To 1.The Family Court, Chennai 2.The Family Court, Chengalpet

V.LAKSHMINARAYANAN, J.

nl 09.09.2024