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Madras High CourtTR CMP/860/2024allowed

Karapilly Kunjunni Sownya v. C.Sankar Ganesh

2025-03-05Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE Ms. JUSTICE P.T.ASHA and C.M.P.Nos.18962 and 19117 of 2024 Karapilly Kunjunni Sownya ... Petitioner Vs.

C.Sankar Ganesh ... Respondent Prayer: Petition filed under Section 24 of the Civil Proceedure Code praying to withdraw H.M.O.P.No.1800 of 2024 from the file of the learned I Additional Family Judge, Chennai to the file of the Family Court, Chengalpet.

For Petitioner : Mr.V.Parthiban For Respondent : Mr.M.Udaiya Bhanu 1/5

O R D E R

The wife in a matrimonial proceedings has filed this transfer C.M.P. seeking to withdraw H.M.O.P.No.1800 of 2024 pending on the file of the I Additional Family Court, Chennai and transfer the same to the Family Court, Chengalpet.

2. The respondent-husband has filed the above H.M.O.P.No.1800 of 2016 under Section 13 (1) (i-a) of the Hindu Marriage Act on the file of the I Additional Family Court, Chennai for dissolution of marriage held between the petitioner and the respondent on 22.08.2024.

The petitioner-wife has filed H.M.O.P.No.253 of 2024 under Section 9 of the Hindu Marriage Act, on the file of the Family Court, Chengalpet for restitution of conjugal rights.

3. Since the respondent-husband is residing at USA, this Court had directed the Registry to verify as to whether there was a 2/5

functional video conferencing facility at the Family Court, Chengalpet and a response in the affirmative had been received. 4.

Taking note of the fact that the petitioner/wife is residing at Chengalpet and the respondent-husband is employed in the USA, the request for transfer has been granted with the following directions:

(i) With the consent of both the learned counsels, H.M.O.P.No.1800 of 2014 pending on the file of the I Additional Family Court, Chennai shall stand withdrawn and transferred to the file of the Family Court, Chengalpet.

(ii) Considering the fact that the Family Court has a functional video conferencing facility and the respondent/husband is employed in the USA, the respondent-husband shall connect for the hearings at Family Court, Chengalpet through video conferencing.

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(iii) The learned counsel for the respondent shall inform the Court as to the time when the respondent/husband can connect for the hearings. No costs. Consequently, connected miscellaneous petitions are closed.

05.03.2025 srn To

1. The I Additional Family Judge, Chennai

2. The Family Court, Chengalpet.

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P.T.ASHA.J srn and C.M.P.Nos.18962 and 19117 of 2024 05.03.2025 5/5