Madras High CourtTR CMP/1008/2023allowed

Pavithra v. Dinesh

2024-07-15Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.24349 of 2023 Pavithra ... Petitioner Vs.

Dinesh ... Respondent PRAYER: The Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.250 of 2023 on the file of the Family Court, Tiruppur, and transfer the same to the file of the Principal Sub Court, Hosur.

For the Petitioner : Mr.J.Pradeep For the Respondent : Mr.K.Sudhakar

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in H.M.O.P.No.250 of 2023 on the file of the Family Court, Tiruppur, and transfer the same to the file of the Principal Sub Court, Hosur.

2. The petitioner and the respondent got married on 15.11.2021. From Page No 1 of 4

the wedlock, a girl child was born, who is aged about 2 years now. The child is in the custody of the mother. Due to disputes and differences, the petitioner and the respondent got separated. The husband has initiated proceedings in H.M.O.P.No.250 of 2023 before the Family Court, Tiruppur.

3. The petitioner being a resident of Bangalore, seeks transfer of the proceedings from Tiruppur to Bangalore. She would plead that it is convenient for her to conduct the litigation in Hosur rather than at Tiruppur.

4. The learned counsel for the petitioner submits that the respondent/husband is also working in Hosur.

5. However, the learned counsel for the respondent submits that the respondent has now transferred from Hosur to Chennai. He also states that the respondent has no objection for transferring the proceedings in H.M.O.P.No.250 of 2023.

6. Taking into consideration the interest of the wife, who is attending the toddler and since the distance between Bangalore to Tiruppur is considerable, the proceedings in H.M.O.P.No.250 of 2023 pending before the Page No 2 of 4

Family Court, Tiruppur, is withdrawn and transferred to the file of the Principal Sub Court, Hosur.

7. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

15.07.2024 Index : Yes/No Speaking order / Non-speaking order Jer To 1.The Judge, Family Court, Tiruppur.

2.The Judge Principal Sub Court, Hosur.

V.LAKSHMINARAYANAN, J.

Jer Page No 3 of 4

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