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Madras High CourtTR CMP/679/2023allowed

S.Gayathri v. P.Magudish Karthikeyan

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.16679 of 2023 S.Gayathri .. Petitioner Vs.

P.Magudish Karthikeyan .. 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.67 of 2023 on the file of the Sub Court, Karur and transfer the same to the file of the Family Court at Erode to be heard along with F.C.O.P.No.374 of 2023 pending on the file of the Family Court at Erode. For Petitioner : Mr.R.P.Ruban Chakravarthy For Respondent : Mr.C.Elamurugan

ORDER

The petitioner before me is the wife. The husband has initiated proceeding in H.M.O.P.No.67 of 2023 on the file of the Sub Court at Karur. Page No 1 of 4

2. Mr.R.P.Ruban Chakravarthy, appearing for the petitioner, represents that subsequently the said proceedings were transferred to the file of the Family Court at Karur and were renumbered as H.M.O.P.No.395 of 2023.

3. There is no dispute that the wife is a permanent resident of Manikkampalayam in Erode. She pleads difficulty to leave a 11 year old girl child at Erode and travel to Karur.

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 Hence, the proceeding in H.M.O.P.No.395 of 2023 pending on the file of the Family Court at Karur is withdrawn and it shall stand transferred to the file of the Family Court at Erode.

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.

Page No 2 of 4

6. Accordingly, the Transfer Civil Miscellaneous Petition stands 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, Karur 2.The Family Court, Erode Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.16679 of 2023 30.04.2024 Page No 4 of 4