Jency Bright v. Franklin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP NO. 14907 OF 2025

1. Jency Bright D/o. Vedha Muthu, W/o. Franklin, H-4 Block, Tiruppur Colony Street, M.M.D.A Colony, Arumbakkam, Chennai 106 Petitioner(s) Vs

1. FRANKLIN S/o. Devaraj, No.32, Agimsapuram 2nd Street, Sellur, Madurai 625002 Respondent(s) PRAYER This Transfer CMP is filed under Section 24 of Civil Procedure code, praying to withdraw the case in I.D.O.P No. 1010 of 2024 from the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Chennai.

For Petitioner:

Mr.A.Murugavel For Respondent:

No appearance.

ORDER

The petitioner seeks transfer of I.D.O.P No. 1010 of 2024 from the Family Court, Madurai, to the file of the Family Court, Chennai. 2.The respondent, despite service of notice, has not chosen to appear either in person or through counsel; therefore, the respondent is called and set ex parte.

3.I have heard the learned counsel for the petitioner and also have gone through the affidavit filed in support of the application seeking transfer as prayed for.

4.The petitioner is the wife who has been arrayed as respondent in I.D.O.P No. 1010 of 2024 before the Family Court, Madurai. The said proceeding has been initiated by the respondent/husband. The respondent cites genuine inconvenience to travel all the way to attend the proceedings before the Family Court, Madurai, being a resident of Chennai. The petitioner also has the additional duty to take care of her minor son aged about 10 years. In view of the

above, I am satisfied that the petitioner has made out good grounds for seeking transfer of the IDOP.

5. In fine, this transfer Civil Miscellaneous petition is allowed, and the I.D.O.P No. 1010 of 2024 is withdrawn from the Family Court Madurai and transferred to the Principal Family Court, Chennai, to be either taken up by the learned Principal Judge, Family Court Chennai, or be assigned to any of the other additional Courts, taking into account the workload pendency of cases before the Family Courts at Chennai. No costs. Consequently, the connected miscellaneous petition is closed.

01-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judge, Family Court Madurai.

2.The Judge, Principal Family Court, Chennai,

P.B.BALAJI J.

jrs AND CMP NO. 14907 OF 2025 01-08-2025