Sarada Priaya v. Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 698 of 2023 Sarada Priya ... Petitioner Vs.

Srinivasan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw H.M.O.P.No.57 of 2023 on the file of Subordinate Judge, Chidambaram and to transfer the same to the Family Court, Chengalpattu.

For Petitioner : Mr. A. Sankar

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No. 57 of 2023 pending on the file of Subordinate Judge, Chidambaram to the Family Court, Chengalpattu. The petitioner / wife seeks transfer of the proceedings before the Family Court, Chengalpattu on the ground that she is living at 1/4

Chengalpattu with one male child and she is not able to attend the Court hearings by travelling 200 kms.

2. The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 11.02.2019 at Sri Kamatchi Natesan Thirumana Mandabam, Chidambaram, as per Hindu Rites and Customs. Out of the wedlock, one male child born to them. Due to matrimonial dispute, husband / respondent has filed H.M.O.P.No.57/2023 pending on the file of Subordinate Judge, Chidambaram. Further submitted that the petitioner is unable to attend the Court hearings because she has to take care of her child. Hence, she prays to transfer the H.M.O.P.No.57 of 2023, to the Family Court, Chengalpattu.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the H.M.O.P.No. 57 of 2023 to the Family Court, Chengalpattu.

4. In view of the above, H.M.O.P.No.57 of 2023 is withdrawn from 2/4

the file of the Subordinate Judge, Chidambaram and transferred to the file of the Family Court, Chengalpattu to be disposed of in accordance with law and the Family Court, Chidambaram is directed to send entire records to the Family Court, Chengalpattu, within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

6. However, the Family Court, Chengalpattu is directed to issue notice to the respondent and then proceed with the matter as early as possible, from the date of this order.

27.11.2023 Index : Yes / No AT 3/4

T.V.THAMILSELVI, J.

AT To

1. The Subordinate Judge, Chidambaram.

2. The Family Court, Chengalpattu.

Tr.C.M.P.No. 698 of 2023 27.11.2023 4/4