S.Srinithi v. A.J.Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Transfer Civil Miscellaneous Petition No.843 of 2024 and C.M.P.No.18740 of 2024 S.Srinithi ..... Petitioner -VersusA.J.Sathish ..... Respondent Petition filed under Section 24 of the Code of Civil Procedure,1908, to withdraw the proceedings in H.M.O.P. No.829 of 2023 pending on the file of the Principal Family Court, Coimbatore and transfer the same to Family Court, Perambalur.

For Petitioner : Mr.T.Venugopal For Respondent : Mr.K.Balasubramanian

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the proceedings in H.M.O.P. No. 829 of 2023 pending on the file of the

Principal Family Court, Coimbatore, and to transfer the same to the file of the Family Court, Perambalur.

2. The petitioner is the wife. She married the respondent at Coimbatore on 10.06.2022. From the wedlock, a child was born on 28.08.2023. Thereafter, due to disputes and differences, the parties have separated. Now the child is about a year old and is in the custody of the mother. The respondent/husband has initiated the proceedings in H.M.O.P.No.829 of 2023 on the file of the Principal Judge, Family Court, Coimbatore, for nullity of marriage.

3. The petitioner/wife states that she is working as Junior Resident Doctor at the Department of Ophthalmology at Dhanalakshmi Srinivasan Medical College, Perambalur. Therefore, she experiences great difficulties in travelling from Perambalur to Coimbatore to attend the hearings of the matrimonial proceedings. Hence, this transfer petition.

4. Notice was ordered in this petition on 28.08.2024, and Mr.K.Balasubramanian has entered appearance for the respondent.

5. Heard Mr. T. Venugopal for the petitioner and Mr. K.Balasubramanian for the respondent.

6. A perusal of the available records shows that the wife is employed in a Medical College at Perambalur. She is the doctor herself. In addition, she is

taking care of her one year old child. She would certainly find it difficult to travel from Perambalur to Coimbatore.

7. Taking into consideration the convenience of the petitioner/wife, the case in H.M.O.P.No.829 of 2023 pending on the file of the learned Judge, Principal Family Court, Coimbatore, is withdrawn and transferred to the file of the Judge, Family Court, Perambalur.

8. It is made clear that the Judge, Family Court, Perambalur, need not insist upon the petitioner/wife as well as the respondent/husband to appear for every hearing except the essential hearings. For non-essential or procedural hearings, the parties may be represented through their respective counsel. With the above directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

Index : yes / no : yes / no kmk To 1.The Judge, Principal Family Court, Coimbatore. 2.The Judge, Family Court, Perambalur.

V.LAKSHMINARAYANAN.J., kmk