Dasnavis Monica v. Francis Arnett Dominic

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2024

CORAM

THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and C.M.P. No. 17481 of 2024 Dasnavis Monica ... Petitioner / Respondent Vs.

Francis Arnett Dominic ... Respondent / Petitioner PRAYER: Transfer Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the DOP No.132 of 2024 pending on the file of Family Court, Tirunelveli and to transfer the same to Family Court, Coimbatore.

For Petitioner :

Mr.K.Sudhakar For Respondent :

Mr.V.Rajesh Babu 1/5

O R D E R

The petitioner is the wife. She married the respondent on 20.01.2022 at Coimbatore. The husband is said to be working in Singapore. Due to disputes and differences, the parties have separated. The husband has initiated proceedings for divorce in DOP No.132 of 2024 on the file of the Family Court at Tirunelveli.

2. The wife, being a resident of Coimbatore, pleads she is unable to travel from Coimbatore to Tirunelveli to attend the hearing. Hence, this transfer petition.

3. This petition was admitted on 14.08.2024. The respondent has entered appearance through Mr.V.Rajesh Babu.

4. Heard Mr.K.Sudhakar, learned counsel appearing for the petitioner and Mr.V.Rajesh Babu, learned counsel appearing for the respondent.

5. Taking into consideration the convenience of the wife and since the husband is not a resident of India but at Singapore, I am inclined to consider 2/5

the transfer petition. Accordingly, DOP No.132 of 2024 is withdrawn from the file of Family Court at Tirnelveli and transferred to the file of the learned Principal District Judge at Coimbatore.

6. The District Court at Coimbatore 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 District Court. On the other hearings, he may be represented through a counsel.

7. In the result, the Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

27.09.2024 jv Index : Yes/No Speaking order : Yes/No NCC : Yes/No 3/5

To

1. The Judge, Family Court, Tirunelveli.

2. The Judge, Family Court Coimbatore.

4/5

V.LAKSHMINARAYANAN, J.

, jv 27.09.2024 5/5