P.Dhanasekaran v. P.Abirami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.1014 of 2023 and C.M.P.No.24437 of 2023 P.Dhanasekaran ... Petitioner Vs P.Abirami ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw and transfer the F.C.O.P.No.122 of 2022 on the file of Family Court, Chengalpattu and to transfer the same to Subordinate Court, Poonamallee trying along with H.M.O.P.No.906 of 2021 pending on his file.

For Petitioner : Mr.T.Gnana Banu For Respondent : Mr.S.Gowsik Sundar

O R D E R

The wife is said to be a permanent resident of Chengalpattu. The husband claims to be residing in Netherlands and is represented by his power agent viz., his father.

1/4

2. The wife has moved F.C.O.P.No.122 of 2022 on the file of the Family Court at Chengalpattu. The husband states that it is difficult for the power of attorney to travel from Thiruninravur to Family Court at Chengalpattu.

3. While dealing with Section 24, the Court has to take into consideration the convenience of the wife first. The husband seems to be litigating from the cool climes of Netherlands and I am not inclined to come to the rescue of the power of attorney of the husband.

4. Learned counsel for the petitioner brings to my notice that the husband has initiated proceedings in O.P.No.906 of 2021 on the file of the Principal Sub Judge at Poonamallee.

5. In the light of the above discussion, the proceeding in O.P.No.906 of 2021 is withdrawn from the file of the Subordinate Court at Poonamallee and transferred to the file of the Family Court at Chengalpattu to be heard and disposed off along with F.C.O.P.No.122 of 2022.

2/4

6. In fine, the Tr.C.M.P. is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

15.04.2024 Index : Yes/No Sgl To 1.The Family Court, Chengalpattu.

2.The Subordinate Court, Poonamallee.

3/4

V. LAKSHMINARAYANAN, J.

Sgl 15.04.2024 4/4