T. Chitra Devi v. V. Vikhram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.705 of 2023 & C.M.P.No.17148 of 2023 T.Chitra Devi ... Petitioner -VersusV.Vikhram ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.142 of 2022 pending before the Sub Court, Tambaram and transfer the same to the Family Court at Tiruchirapalli.

For Petitioner : Mr.P.Chandrasekar For Respondent : Ms.D.Arokia Mary Sophia

ORDER

The wife, who is a resident of Trichy, has moved this application seeking transfer of H.M.O.P.No.142 of 2022 from the file of the Sub Court at Tambaram to the file of the Family Court at Tiruchirapalli.

2. There is no dispute that the wife is residing in Tiruchirapalli and the husband is the resident of Tambaram. The wife is facing difficulty in travelling from Tiruchirapalli to Tambaram to attend the case before the Sub Court. Hence, this transfer petition.

3. Taking into consideration the difficulties expressed by the petitioner/wife, I am inclined to transfer the case from the file of the Sub Court at Tambaram to the file of the Family Court at Tiruchirapalli. While doing so, I also take into consideration the difficulties of the husband in travelling to Tiruchirapalli for every hearing. Therefore, the presence of the husband need not be insisted upon for every hearing. He may be directed to be present only where his appearance is essential. On all other hearings, he will be represented by a counsel.

4. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 08.04.2024 nl

Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Family Court at Tiruchirapalli.

2.The Sub Court,Tambaram

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.705 of 2023 & C.M.P.No.17148 of 2023 08.04.2024