C.Ramya v. R.Karthick

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2024

CORAM

THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and C.M.P. No. 16403 of 2024 C.Ramya ... Petitioner / Respondent Vs.

R.Karthick ... Respondent / Petitioner PRAYER: Transfer Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw and transfer of H.M.O.P. No. 98 of 2024 from the file of the learned Family Court at Tiruvallur to the file of the learned Family Court at Chennai.

For Petitioner :

Mr. G.Mageshkumar For Respondent :

Ms. R.Angalaparameshwari for Mr. T.R.Kumaravel

O R D E R

The petitioner is the wife. She married the respondent on 19.10.2018 at Tiruvallur. The wedlock has produced a child on 18.07.2019. The female 1/4

child is in the custody of the mother. The husband has initiated a proceeding for divorce in H.M.O.P. No. 98 of 2024 on the file of the Family at Tiruvallur. The wife, being a resident of Chennai, seeks for withdrawal of the said proceedings and to be transferred to the file of the Family Court at Chennai.

2. Notice was ordered in this petition on 07.08.2024 and the respondent has entered appearance through Mr. T.R.Kumaravel.

3. Heard Mr. G.Mageshkumar for the petitioner and Ms.

R.Angalaparameshwari for the respondent.

4. The wife, who is taking care of the 5 year old girl child, will certainly find it difficult to travel from Perambur Barracks, Chennai to Thiruvallur. The apprehension of Ms. R.Angalaparameshwari that the husband, who is working in a private concerned, would find it difficult to appear before the Family Court for every hearings can be obviated by giving an appropriate direction to the Family Judge.

5. Taking into consideration the convenience of the wife, H.M.O.P. No. 98 of 2024 is withdrawn from the file of the Family Court at Tiruvallur and 2/4

transferred to the file of the Family Court at Chennai.

6. The Family Court at Chennai will not insist on the appearance of the husband for every hearing. He shall, however, appear when his appearance is essential or when so directed by the Family Court. On the other hearings, he may be represented through a counsel.

7. In the result, the transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 18.10.2024 Index : Yes / No Speaking order : Yes / No NCC : Yes / No pal To

1. The Family Court at Tiruvallur.

2. The Family Court at Chennai.

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V.LAKSHMINARAYANAN, J.

, pal 18.10.2024 4/4