Kurunjimalar v. K.Senthamaraikannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.916 of 2023 and C.M.P.No.21855 of 2023 Kurunjimalar ... Petitioner Vs K.Senthamaraikannan ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the O.P.No.1122 of 2022 pending on the file of the Special Judge for Family Court, Madurai and transfer the same to the II Additional Family Court, Chennai.

For Petitioner : Mr.M.Kalpana For Respondent : Mr.N.Suriya Muthu

O R D E R

The petitioner and the husband were married at Villapuram in Madurai. It was solemnised on 06.06.2016. After the marriage, the parties set up their matrimonial home at Chennai. From the wedlock, a male child was born on 11.04.2017. The child unfortunately is not a normal one. The child being a special child, he requires active assistance. 1/4

2. The husband, who is a resident of Madurai, has initiated proceedings before the Family Court at Madurai in H.M.O.P.No.1122 of 2022. At the same time, another divorce proceeding has been initiated on the file of the II Additional Family Court at Chennai in H.M.O.P.No.1383 of 2023 by the wife. The petitioner is unable to travel from Chennai to Madurai for the purpose of hearing the case. Hence, the transfer petition.

3. Taking into consideration the convenience of the wife, I am inclined to allow the transfer petition. The proceeding in H.M.O.P.No.1122 of 2022 pending on the file of the Family Court at Madurai is withdrawn and transferred to the file of the II Additional Family Court at Chennai to be heard and decided along with H.M.O.P.No.1383 of 2023.

4. With the above direction, the Tr.C.M.P. stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. 17.04.2024 Index : Yes/No Speaking Order : Yes/No Sgl 2/4

To 1.The Family Court, Madurai.

2.The II Additional Family Court, Chennai.

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V. LAKSHMINARAYANAN, J.

Sgl 17.04.2024 4/4