Suganya v. Ulaganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.Nos.20087 of 2023 & 5877 of 2024 Suganya .. Petitioner Vs.

Ulaganathan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.204 of 2023 on the file of the Family Court at Theni and transfer the same to the file of the Sub Court at Dharapuram. For Petitioner : Mr.C.S.Saravanan

ORDER

The learned counsel for the petitioner submits that pursuant to an order passed by this Court on 30.04.2024, notice was taken on the respondent. The Court notice has been returned with an endorsement as "refused". The same is treated as sufficient service.

2. The petitioner and the respondent entered into matrimony on Page No 1 of 4

20.08.2021 at Andipatti in Theni District. From the wedlock, a female child was born on 19.11.2022, who is aged about 1 year and 9 months today.

3. Due to differences that have arisen between the parties, the husband has moved a petition for divorce in H.M.O.P.No.204 of 2023 before the Family Court at Theni.

4. The respondent is working in the District Educational Office at Theni. The petitioner, who is having the custody of the female child, is residing with her parents at Dharapuram. The distance between Theni and Dharapuram is a few hundred Kilometers and I feel that, it would be difficult for the wife to travel from Dharapuram to Theni to attend the Court hearings.

5. Taking into consideration the convenience of the wife and the fact that she is having the custody of the child, I am inclined to allow this transfer petition.

6. Hence, the proceeding in H.M.O.P.No.204 of 2023 pending on the Page No 2 of 4

file of the Family Court at Theni is withdrawn and it shall stand transferred to the file of the Sub Court at Dharapuram.

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

07.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

Page No 3 of 4

mkn2 To 1.The Family Court, Theni 2.The Sub Court, Dharapuram and C.M.P.Nos.20087 of 2023 & 5877 of 2024 07.06.2024 Page No 4 of 4