Nandhini v. C. Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.17197 of 2023 Nandhini .. Petitioner Vs.

C.Saravanan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw F.C.O.P.No.206 of 2023 pending on the file of the Family Court at Erode and transfer the same to the file of the Sub Court at Omalur to be tried along with H.M.O.P.No.77 of 2023 pending on the file of the Sub Court at Omalur. For Petitioner : Mr.K.Sathish Kumar For Respondent : Mr.M.Marimuthu

ORDER

The wife and husband are before the Court in H.M.O.P.No.77 of 2023 pending on the file of the Sub Court at Omalur and F.C.O.P.No.206 of 2023 pending on the file of the Family Court at Erode respectively.

2. The wedding of the petitioner and the respondent took place on Page No 1 of 3

21.08.2020 and a child was born on 13.07.2021. Though the distance is not considerable, it will not be possible for a lady to travel from Erode to Omalur, since she has a girl child of tender age to take care of.

3. Though the notice was served, there is no representation on behalf of the respondent.

4. Taking into consideration the fact that there is a small child involved in the family dispute, I am inclined to allow this transfer petition. Hence, the proceeding in F.C.O.P.No.206 of 2023 which is now pending on the file of the Family Court at Erode is withdrawn and it shall stand transferred to the file of the Sub Court at Omalur. 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 V. LAKSHMINARAYANAN, J.

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mkn2 To 1.The Family Court, Erode 2.The Sub Court, Omalur and C.M.P.No. 17197 of 2023 15.04.2024 Page No 3 of 3