C.Kiruthika v. D.Babu Alias Madeswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.17516 of 2023 C.Kiruthika ... Petitioner Vs D.Babu @ Madeswaran ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the F.C.O.P.No.342 of 2023 pending on the file of the District Judge Family Court at Erode and transfer the same to the file of the Family Court at Trichy.

For Petitioner : Mr.S.Udaya Kumar For Respondent : Mr.M.Karthik

O R D E R

Parties have been litigating before the Court for nearly two decades. The husband had filed H.M.O.P.No.185 of 2009 on the file of the Sub Court at Erode. At that time, the petitioner wife had two-year-old daughter and found it difficult to travel to Trichy from Erode. 1/1

2. Subsequently, both sides agreed that the matrimonial dispute be compromised and the parties re-joined. After rejoining, another child was born who is a school going child today. Yet again due to the differences between the parties, they are before the Family Court at Erode in F.M.O.P.No.342 of 2023.

3. Considering the overall circumstances as the petitioner is to take care of School going children, I am inclined to transfer the proceedings in F.C.O.P.No.342 of 2023 from the file of the Family Court, Erode to the file of the Family Court at Trichy. The learned Family Court Judge, Trichy is requested to consider the appearance of the party only for essential hearings and for all the other hearings, the parties may be represented through a counsel.

4. Accordingly, the Tr.C.M.P. is allowed. No costs. Consequently, connected miscellaneous petition is closed.

05.04.2024 Index : Yes/No Sgl 2/2

To 1.The Family Court, Erode.

2.The Family Court, Trichy.

3/3

V. LAKSHMINARAYANAN, J.

Sgl 05.04.2024 4/4