K.Kalai Elakkiya v. Manoj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI K.Kalai Elakkiya ... Petitioner Vs.

Manoj ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the case in HMOP No.120/2023 on the file of the learned Subordinate Judge at Kancheepuram, transfer the same to the file of learned Principal Family Court at Dindigul to be tried along with H.M.O.P.No.135 of 2023.

For Petitioner : Mr.G.Jagathraj

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No.120 of 2023 pending on the file of learned Sub-Judge, Kancheepuram, which was filed by the respondent and immediately, the petitioner wife filed an application 1/4

for restitution of conjugal rights before the Principal Family Court, Dindigul in H.M.O.P.No.135 of 2023.

2. In the said petition, notice was served on to the respondent and the case is posted for enquiry on 19.10.2023. Now, she is living with her parents. The petitioner wife is not having any source of income and the respondent husband is working in Sub-Registrar Office, Cheyyar and having considerable income. Without source of income, she is residing in her parents house. Furthermore, she is not able to travel for more than 300 kms. from her place of residence i.e. from Dindigul to attend every hearings before Sub-Judge, Kancheepuram. Hence, she filed this petition.

3. Records perused. The reasons assigned by the petitioner wife is justifiable one and the fact that she is not able to travel for more than 300 kms. from her place of residence i.e. from Dindigul to Kancheepuram. However, another case filed by the petitioner is also pending before the Family Court, Dindigul, in which husband has also appeared. So, he has knowledge of proceedings. Hence, no prejudice would be caused to the respondent by transferring the matter. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in H.M.O.P.No.120 of 2/4

2023 is withdrawn from the file of the learned Sub-Judge, Kancheepuram and transferred to the file of Principal Family Court, Dindigul, to be tried along with H.M.O.P. No.135 of 2023. The learned Sub-Judge is directed to transfer the case to the Principal Family Court, Dindigul within a period of two weeks from the date of receipt of copy of this order. The learned Family Judge, Principal Family Court at Dindigul is also directed to take case on file within period of one week from the date of receipt of papers and issue notice to the respondent and proceed with the matter and try along with H.M.O.P.No. 135 of 2023 as per manner known to law and thereafter, to dispose the case as early as possible. No costs. Consequently, connected civil miscellaneous petition is closed.

09.10.2023 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To 1.The Subordinate Judge, Kancheepuram.

2.The Family Judge, Principal Family Court, Dindigul. 3/4

T.V.THAMILSELVI, J.

rpp 09.10.2023 4/4