Madras High CourtTR CMP/844/2023allowed

Ramanayaki v. Ariyappan

2024-02-27Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No.844 of 2023 and CMP.No.20296 of 2023 Ramanayaki ...

Petitioner /vs/ Ariyappan ...

Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the petition in H.M.O.P.No.260 of 2023 from the file of the Family Court, Sivagangai, transfer the same to Family Court, Chennai.

For Petitioner ... Mr.K.Manimaran For Respondent ... Mr.M.Dinesh

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the petition in H.M.O.P.No.260 of 2023 from the file of the Family Court, Sivagangai to Family Court, Chennai. 2.The learned counsel appearing for the petitioner submitted that the

petitioner is wife and the respondent is husband. The marriage between them was solemnized on 08.12.2019. Out of the wedlock, no issues were born. Due to misunderstanding between them, they separated and the petitioner is living along with her parents at No.166/101, P.V.Koil Street, Royapuram, Chennai - 600 013. The respondent filed a petition in H.M.O.P.No.260 of 2023 for divorce on the ground of cruelty and desertion. Now the petitioner is residing at her parental house at Chennai. The distance between Chennai and Sivagangai is nearly 460 kilometer. The travel time is 7 hours 45 minutes, hence, she finds it very difficult to attend each and every hearing of the case before the Family Court, Sivagangai. Hence, she prays to transfer the case in H.M.O.P.No.260 of 2023 to the Family Court, Chennai - 104.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the H.M.O.P.No.260 of 2023 from the file of the Family Court, Sivagangai to the Family Court, Chennai -104.

4. In view of the above, H.M.O.P.No.260 of 2023 is withdrawn from the file of the Family Court, Sivagangai and transferred to the file of Family Court, Chennai. The Family Court, Sivagangai is directed to send entire records to the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order and the learned Family Court, Chennai is directed to issue notice to the respondent and dispose of the case as early as possible.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes/No 27.02.2024 Internet : Yes/No sms To 1.The Family Court, Sivagangai.

2.The Family Court, Chennai.

V.SIVAGNANAM ,J.

sms Tr CMP.No.844 of 2023 and CMP.No.20296 of 2023 27.02.2024