Kavya v. Prasanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.21020 of 2023 Kavya .. Petitioner Vs.

Prasanna .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to grant an order withdrawing H.M.O.P.No.415 of 2023 pending on the file of the Family Court at Trichy and transfer the same to the file of the Family Court at Cuddalore. For Petitioner : Mr.V.Balamurugan For Respondent : Mr.R.Gopinath

ORDER

The petitioner is the wife. She seeks transfer of proceeding in H.M.O.P.No.415 of 2023 from the file of the Family Court at Trichy to the file of the Family Court at Cuddalore.

Page No 1 of 4

2. The petitioner and the respondent were married in the year 2022 and soon, thereafter, they are before the Court. The learned counsel for the petitioner states that the petitioner is suffering from Gynecological problems and she is not in a position to travel the distance from Cuddalore to Trichy.

3. Taking into consideration the interest of the wife as well as the fact that she has moved an application in H.M.O.P.No.44 of 2023 on the file of the Family Court at Cuddalore, I am inclined to consider this transfer petition.

4. Hence, the proceeding in H.M.O.P.No.415 of 2023 pending on the file of the Family Court at Trichy is withdrawn and it shall stand transferred to the file of the Family Court at Cuddalore to be heard and tried along with H.M.O.P.No.44 of 2023.

5. The learned Family Judge at Cuddalore is requested not to insist on the presence of the husband for every hearing, but he shall be directed to be present only for such hearings where his presence is indispensable. On the other hearings, he may be represented through a counsel. Page No 2 of 4

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, Trichy 2.The Family Court, Cuddalore and C.M.P.No.21020 of 2023 03.06.2024 Page No 4 of 4