K. Anitha v. I Vithiyalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.22174 of 2023 K.Anitha .. Petitioner Vs.

I.Vithiyalan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in H.M.O.P.No.281 of 2023 which is pending before the Family Court at Puducherry and transfer the same to the file of the Family Court at Chengalpattu.

For Petitioner : Mr.N.Thamizhanban For Respondent : Mr.K.Anand

ORDER

The petitioner is the wife and the respondent is the husband. The wife has moved this transfer petition seeking transfer of proceedings in H.M.O.P.No.281 of 2023 which is pending on the file of the Family Court at Page No 1 of 4

Puducherry to the file of the Family Court at Chengalpattu.

2. Notice was ordered in the application and the respondent has been served.

3. Mr.K.Anand, appearing on behalf of the respondent submits that his client has no objection for the transfer of the proceedings.

4. Taking into consideration the convenience of the wife and the fact that no objection has been tendered by the respondent, I am inclined to allow this transfer petition. Hence, the proceedings in H.M.O.P.No.281 of 2023 which is now pending on the file of the Family Court at Puducherry is withdrawn and it shall stand transferred to the file of the Family Court at Chengalpattu.

5. 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.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

17.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

Page No 3 of 4

mkn2 To 1.The Family Court, Puducherry 2.The Family Court, Chengalpattu and C.M.P.No.22174 of 2023 17.04.2024 Page No 4 of 4