R. Sumitha Devi v. Ssaravana Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.Nos.18143 and 18145 of 2023 R.Sumitha Devi .. Petitioner Vs.

Saravana Kumar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw I.A.No.430 of 2023 in H.M.O.P.SR.No.1613 of 2023 from the file of the Family Court at Tiruppur and transfer it to the file of the Family Court at Chengalpet. For Petitioner : M/s.Ananda Gomathy Murugesan For Respondent : No Appearance

ORDER

The petitioner/wife is a permanent resident of Maraimalai Nagar at Chengalpet District. The husband has initiated H.M.O.P.No.501 of 2023 on the file of the Family Court at Tiruppur.

2. This transfer petition has been filed seeking transfer of the above Page No 1 of 4

said proceeding to the file of the Family Court at Chengalpet.

3. There is no representation on behalf of the respondent.

4. The petitioner pleads that she is a single child staying with her parents and she is unable to travel from Tiruppur to Chengalpet for every hearing. An application for dispensing with appearance, for a period as fixed by the Court, was pending. Subsequently, that application was allowed and the petition for nullity was numbered as O.P.No.501 of 2023.

5. Considering the overall circumstances, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.501 of 2023 which is now pending on the file of the Family Court at Tiruppur is withdrawn and it shall stand transferred to the file of the Family Court at Chengalpet.

6. It is made clear that the husband need not appear for every hearing. But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.

Page No 2 of 4

7. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

15.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To 1.The Family Court, Tiruppur 2.The Family Court, Chengalpet and C.M.P.Nos.18143 and 18145 of 2023 15.04.2024 Page No 4 of 4