S.Vidhyasri v. R.Ragul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.991 of 2023 & CMP.No.23808 of 2023 S.Vidhyasri ... Petitioner -VersusR.Ragul ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the case in HMOP.No.384/2023 pending before the Family Court, Trichy and transfer the same to the Family Court, Chennai. For Petitioner : Mr.D.Kalaiselvi For Respondent : No appearance

ORDER

The petitioner is the wife. The respondent is the husband. The wife is a resident of Nungambakkam in Chennai and the husband is a resident of Lalgudi at Trichy District. Their marriage was solemnized on 16.09.2013. The respondent/husband has moved a proceeding in HMOP.No.384 of 2023 before the Family court at Trichy.

2. The petitioner/wife pleads her inability to travel from Nungambakkam

to Trichy for the purpose of attending the proceedings.

3. The husband, though served in this transfer civil miscellaneous petition, has not entered appearance through a counsel, nor is he appearing in person to oppose the case.

4. Taking into consideration the difficulties expressed by the wife, HMOP.No384 of 2023 is withdrawn from the file of the Family Court at Trichy and is transferred to the file of the Family Court, Chennai.

5. The presence of the husband need not be insisted upon by the court for every hearing. It is sufficient if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be represented through a counsel.

6. With the aforesaid direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

25.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The Family Court, Trichy 2.The Family Court at Chennai.

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.991 of 2023 & CMP.No.23808 of 2023 25.04.2024