Sharmi @ Arulmozhi v. R. Kasirajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.22375 of 2023 Sharmi @ Arulmozhi ... Petitioner Vs.

R.Kasirajan ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.112 of 2023 on the file of the Family Court at Pudukottai and transfer the same to the file of the Family Court at Chengalpattu. For Petitioner : Ms.C.Shankary for M/s.Nathan and Associates For Respondent : Mr.O.R.Mahesvaren

ORDER

The petitioner and the respondent got married on 16.06.2016 at Pudukottai. There were no children from the marriage. Subsequently, the parties had fallen apart and they are before the Family Court, Pudukottai Page No. 1 of 4

in H.M.O.P.No.112 of 2023.

2. The respondent/husband, who is a resident of Pudukottai, has initiated the divorce proceeding in H.M.O.P.No.112 of 2023 before the Family Court, Pudukottai.

3. The respondent/husband, was served with notice on 03.10.2023, but he has not chosen to oppose this petition.

4. The petitioner/wife pleads that she is permanently residing in Chengalpattu. She is unable to travel from Chengalpattu to Pudukottai, which are about 320 Kms apart, and hence, seeks transfer of proceedings in H.M.O.P.No.112 of 2023 on the file of the Family Court, Pudukottai to the file of the Family Court, Chengalpattu.

5. Taking into consideration the difficulty expressed by the petitioner/wife, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.112 of 2023 which is now pending on the file of the Family Court, Pudukottai is withdrawn and it shall stand transferred Page No. 2 of 4

to the file of the Family Court, Chengalpattu. It is made clear that the respondent/husband need not appear for every hearing. But he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel or through a Power of Attorney.

6. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Connected Civil Miscellaneous Petition is closed. 16.04.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Family Court, Pudukottai.

2.The Family Court, Chengalpattu.

Page No. 3 of 4

V. LAKSHMINARAYANAN, J.

arb and C.M.P.No.22375 of 2023 16.04.2024 Page No. 4 of 4