Jaikumar v. C. Teresa @ Annai Teresa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI Tr.C.M.P.No.653 of 2025 and CMP No.15706 of 2025

1. Jaikumar 2.Mrs.Rani Jothi ... Petitioners Vs C.Teresa @ Annai Terasa ... Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw the proceedings in D.V.C.No.1 of 2024, pending on the file of Judicial Magistrate-II, Jayamkondam and transfer the same to be heard and tried by Judicial Magistrate No.II, Chengallpattu.

For Petitioners : Ms.S.Anuradha Balaji For Respondent : Mr.T.Muruganantham

ORDER

Heard the learned counsel for the parties.

2. Learned counsel for the petitioner filed an additional typed set of papers, wherein, it is evidenced that the respondent is working at Sri Baba

Handlooms, T.Nagar, Chennai. Learned counsel would also contend that in the mediation proceedings, the respondent had admitted to be employed in T.Nagar.

3. In the light of the above, no inconvenience would be caused to the respondent if DVC No.1 of 2024, pending on the file of Judicial Magistrate No.II, Jayamkondam is transferred to the file of Judicial Magistrate No.II, Combined Court, Chengallpattu.

4. The said transfer is taking into account of 90% physical disability suffered by the petitioner/husband and also his requirement to take care of his aged mother and the difficulties for the petitioner to travel to attend the proceedings at Jayamkondam.

5. Accordingly, Tr.C.M.P.No.653 of 2025 is allowed and the proceedings in DVC No.1 of 2024 is withdrawn from the file of Judicial Magistrate No.II, Jayamkondam and the same is transferred to the file of Judicial Magistrate No.II, Combined Court at Chengalpattu.

6. The Judicial Magistrate Court No.II, Jayamkondam is directed to

send the entire records relating to DVC No.1 of 2024 to the file of Judicial Magistrate No.II, Combined Court at Chengalpattu.

7. The Judicial Magistrate No.II, Chengalpattu shall not insist on the physical presence of both the parties and they shall be entitled to be represented by their counsel and shall be required to appear only for recording their statements/evidence.

No costs. Consequently, connected miscellaneous petition is closed. 26.08.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To

1. The Judicial Magistrate No.II, Jayamkondam

2. The Judicial Magistrate No.II, Chengalpattu

P.B.BALAJI.,J sr 26.08.2025