P. Deepa v. A. Gowrin Prasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.20815 of 2023 P.Deepa .. Petitioner Vs.

A.Gowrin Prasad .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in F.C.O.P.No.481 of 2022 on the file of the Family Court at Erode and transfer the same to the file of the Family Court at Coimbatore.

For Petitioner : Mr.L.Mouli For Respondent : Mr.S.Uma Shankar for Mr.M.Guruprasad

ORDER

The petitioner is the wife. She seeks transfer of proceeding in F.C.O.P.No.481 of 2022 from the file of the Family Court at Erode to the file of the Family Court at Coimbatore.

2. The wife is aged about 24 years. She would state that she is unable Page No 1 of 4

to travel from Coimbatore to Erode. She would also plead that the Court in Erode do not have jurisdiction as the parties were married in Dharmapuri and were lastly resided at Hosur.

3. Taking into consideration the convenience of the wife, I am inclined to allow this transfer petition. Hence, the proceeding in F.C.O.P.No.481 of 2022 now pending on the file of the Family Court at Erode is withdrawn and it shall stand transferred to the file of the Family Court at Coimbatore.

4. Mr.S.Uma Shankar, representing Mr.M.Guruprasad, would submit that before the Family Court at Erode, the pleadings were completed and he has already filed his proof affidavit. The learned Family Court at Coimbatore is requested to take the proceeding from the stage where it was before the Family Court at Erode i.e., from the stage of cross examination of P.W.1.

5. The learned Family Judge at Coimbatore is also requested not to insist on the presence of the husband for every hearing, but he shall be Page No 2 of 4

directed to be present only for such hearings where his presence is indispensable. On the other hearings, he may be represented through a counsel.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 03.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

mkn2 Page No 3 of 4

To 1.The Family Court, Erode 2.The Family Court, Coimbatore and C.M.P.No.20815 of 2023 03.06.2024 Page No 4 of 4