Vinodhini, v. R. Varun Suriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.Nos.24943 and 24946 of 2023 Vinodhini .. Petitioner Vs.

R.Varun Suriya .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.72 of 2023 on the file of the Family Court at Dharmapuri and transfer the same to the file of the Sub-ordinate Court at Poonamallee and try along with H.M.O.P.No.260 of 2023 pending on the file of the Subordinate Court at Poonamallee. For Petitioner : Mr.K.N.Nataraaj For Respondent : Mr.Kesava Raj for Mr.R.Dhanasekar Page No 1 of 4

ORDER

The petitioner before me is the wife. She has initiated proceeding in H.M.O.P.No.260 of 2023 for restitution of conjugal rights on the file of the Sub Court at Poonamallee.

2. The husband has initiated proceeding in H.M.O.P.No.72 of 2023 for divorce before the Family Court at Dharmapuri. The wife has filed this petition seeking transfer of proceedings in H.M.O.P.No.72 of 2023 from Dharmapuri to Poonamallee. The wife is a permanent resident of Ramapuram and the husband is a resident of Dharmapuri.

3. Chennai to Dharmapuri is of considerable distance and the wife being a young lady, I cannot expect her to travel this distance to attend every hearing. If the proceedings are tried before the Sub Court at Poonamallee, there is no necessity for the husband to attend every hearing. Both the parties can always be represented through a counsel.

4. The learned counsel for the respondent/husband reports that he has no objection for transfer of proceedings from Dharmapuri to any other Court Page No 2 of 4

in Chennai.

5. Taking into consideration the convenience of the wife, the proceedings in H.M.O.P.No.72 of 2023 on the file of the Family Court at Dharmapuri is withdrawn and it shall stand transferred to the file of the Sub Court at Poonamallee to be heard and tried along with H.M.O.P.No.260 of 2023.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petitions are closed. 29.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

Page No 3 of 4

mkn2 To 1.The Family Court, Dharmapuri 2.The Sub Court, Poonamallee and C.M.P.Nos.24943 and 24946 of 2023 29.04.2024 Page No 4 of 4