C.Divayapriya v. R.Narendra Krishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.25441 of 2023 C.Divyapriya .. Petitioner Vs.

R.Narendra Krishnan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition for divorce in H.M.O.P.No.281 of 2022 pending on the file of the Principal Sub Court at Hosur and transfer the same to the file of the Family Court at Perambalur. For Petitioner : M/s.D.Chandraleka For Respondent : M/s.R.Pandi Meena

ORDER

The petitioner is the wife and the respondent is the husband. The wife seeks transfer of proceeding in H.M.O.P.No.281 of 2022 now pending on the file of the learned Principal Subordinate Judge at Hosur to the file of the Family Court at Perambalur.

2. From the wedlock between the petitioner and the respondent, a Page No 1 of 4

female child, namely "Kayal Nithila", was born, who is now studying 1st Standard.

3. Notice was ordered in the Transfer Civil Miscellaneous Petition and the respondent has entered appearance through his counsel M/s.R.Pandi Meena.

4. The learned counsel appearing for the respondent/husband would state that the husband has no objection for the transfer of proceeding.

5. Taking into consideration the fact that the petitioner/mother is taking care of a toddler and the fact that the respondent tendered no objection for the transfer of proceeding, I am inclined to allow this transfer petition.

6. Hence, the proceeding in H.M.O.P.No.281 of 2022 pending on the file of the learned Principal Subordinate Judge at Hosur is withdrawn and it shall stand transferred to the file of the Family Court at Perambalur. Page No 2 of 4

7. It is made clear that the 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.

8. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 03.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

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mkn2 To 1.The learned Principal Subordinate Judge, Hosur 2.The Family Court, Perambalur and C.M.P.No.25441 of 2023 03.06.2024 Page No 4 of 4