Madras High CourtTR CMP/721/2024allowed

I.Palaniselvi v. P.Palanisami

2024-09-27Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and CMP No.15649 of 2024 I.Palaniselvi ... Petitioner Vs.

P.Palanisami ... Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer the HMOP No.4860 of 2023 on the file of VII Additional Family Court at Chennai to Family Court, Tiruppur. For Petitioner :Mr.V.Vinothkumar For Respondent : No Appearance.

ORDER

This Transfer Civil Miscellaneous Petition is at the instance of the wife. She seeks to withdraw and transfer the HMOP No.4860 of 2023 on the file of VII Additional Family Court at Chennai to Family Court, Tiruppur

2. The marriage between the petitioner and the respondent was solemnised on 08.11.2021 at Tiruppur. Due to disputes and differences, the parties have separated. The husband has initiated the proceedings for divorce before the VII Additional Family Court at Chennai in HMOP No.4860 of 2023. The wife being the permanent resident of Tiruppur is unable to travel from Tiruppur to Chennai to attend the hearing. Hence, the transfer.

3. Notice was ordered to the respondent in the transfer petition on 02.08.2024. Though the respondent was served on 21.08.2024, he has not appeared in person or through his counsel to oppose the petition.

4. I heard Mr.V.Vinothkumar, for the petitioner.

5. The wife being a permanent resident of Tiruppur finds it difficult to travel to Chennai to attend the hearing. Taking into consideration the convenience of the wife, HMOP No. 4860 of 2023, is withdrawn from the VII Additional Family Court at Chennai and

transferred to the Family Court at Tiruppur. It is made clear that the Judge at Family Court, Tiruppur, need not insist upon the respondent to appear for every hearing except the essential hearing. The respondent shall be present only for such hearings when his appearance is indispensable. For all other hearings, the respondent shall be represented by a counsel.

6. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

27.09.2024 Speaking / Non Speaking order Index : Yes / No ars To

1. The VII Additional Family Court, Chennai.

2. The Family Court, Tiruppur

V.LAKSHMINARAYANAN, J.

ars

27.09.2024