P. Akshaya v. B. Kabilan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.20293 of 2023 P.Akshaya ... Petitioner Vs.

B.Kabilan ... Respondent PRAYER: The Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the M.O.P.No.100 of 2023 on the file of the Family Court, Puducherry and transfer the same to the Principal Family Court, Chennai to be jointly tried along with H.M.O.P.No.3557 of 2023.

For the Petitioner : Mr.V.M.Venkatramana For the Respondent : Notice ready in notice - No appearance Private notice served.

ORDER

This petition has been filed to withdraw the M.O.P.No.100 of 2023 on the file of the Family Court, Puducherry and transfer the same to the Page No 1 of 4

Principal Family Court, Chennai to be jointly tried along with H.M.O.P.No.3557 of 2023.

2. The petitioner and the respondent got married on 23.06.2022. The petitioner is working in Chennai. Due to disputes and differences, the parties have separated. The wife left her matrimonial home on 31.03.2023. Thereafter, the attempts to resume cohabitation was successful, and the petitioner and the respondent set up their matrimonial home at Royapuram, Chennai. Yet again, because of the disputes, they have separated.

3. The petitioner/wife has initiated the proceedings in H.M.O.P.No.3557 of 2023 before the Family Court, Chennai. The respondent/husband has initiated M.O.P.No.100 of 2023 before the Family Court, Puducherry. The wife pleads that she is unable to travel to Puducherry from Chennai, for every hearing.

4. Mr.V.M.Venkatramana, would submit that the mediation proceedings before the Family Court have failed and the matter is now listed Page No 2 of 4

before this Court for further proceedings.

5. The distance between Chennai and Puducherry is about 150 kms in one way. It will be in the interest of both the parties that the Judgment is pronounced in both the matters together. Therefore, the proceedings in M.O.P.No.100 of 2023 on the file of the Family Court, Puducherry, is withdrawn and transferred to the file of the Principal Family Court, Chennai, to be jointly tried and disposed of along with H.M.O.P.No.3557 of 2023.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 15.07.2024 Index : Yes/No Speaking order / Non-speaking order Jer To 1.The Judge, Family Court, Puducherry.

2.The Judge Principal Family Court, Chennai.

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V.LAKSHMINARAYANAN, J.

Jer 15.07.2024 Page No 4 of 4