R. Akilandewari v. K. Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.CMP No.864 of 2023 and CMP.No.20564 of 2023 R.Akilandeswari ... Petitioner -VersusK.Murugan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to withdraw and transfer HMOP.No.84 of 2023 from the file of the learned Subordinate Judge, Arakkonam to the file of the Additional District Judge at Tiruvallur.

For Petitioner : No appearance For Respondent : Mr.Rooban Chakravarthy

ORDER

The petitioner and the respondent married each other on 03.09.2020 at Karuman Pillayar Kovil, Somasundaram Village, Sholinga Taluk, Ranipet District. From the wedlock, a child was born on 23.06.2021. Thereafter, due to

disputes and differences, they have separated and the husband has filed a petition for divorce in HMOP.No.84 of 2023 on the file of the learned Subordinate Judge, Arakkonam. The petitioner pleads that she is a resident of Othikkadu in Tiruvallur District and is unable to travel the distance of nearly 100 km along with the child. She has also stated that the respondent/husband is not in India and is abroad. Hence, she seeks a transfer.

2. Notice was ordered in the application on 12.09.2023. Notice has been served and Mr.Rooban Chakravarthy appears for the respondent.

3. Mr.Rooban Chakravarthy confirms the fact that his client is abroad.

4. Taking into consideration that the petitioner is a young mother, aged 22 years and is taking care of a child about two years, I am inclined to accept the transfer. Accordingly, HMOP.No.84 of 2023 is withdrawn from the file of the learned Subordinate Judge, Arakkonam and is transferred to the file of the Additional District Judge at Tiruvallur. It is made clear that the Additional District Judge at Tiruvallur need not insist upon the respondent to appear for every hearing except the essential hearing. For non-essential or procedural

hearings, he may be represented through a counsel.

5. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

11.06.2024 nl Index : Yes/No Speaking Order/Non-speaking order : Yes/No To 1.The Subordinate Judge, Arakkonam 2.The Additional District Judge at Tiruvallur

V.LAKSHMINARAYANAN, J.

nl 11.06.2024