H. Indhira v. P.Praveen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.CMP No.1084 of 2023 and CMP.No.25999 of 2023 H.Indira ... Petitioner -VersusG.Venkatesan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to withdraw the HMOP.No.367 of 2023 on the file of the learned IV Additional Family Court, Chennai and transfer the same to the learned Sub Court Judge, Ranipet.

For Petitioner : Mr.S.Sanjay Gandhi For Respondent : Mr.S.Gunasekaran

ORDER

The petitioner before me is the wife. She married the respondent on 21.08.2016. Thereafter due to disputes and differences, the parties were before the Family Court, Chennai in HMOP.No.3849 of 2019. Thereafter, the proceedings were initiated before this Court in Transfer CMP.No.136 of 2020. By order dated 21.07.2020, proceedings in HMOP.No.3849 of 2019 were

withdrawn and transferred to the file of the Sub Court at Ranipet.

2. It is not disputed by both sides that they had rejoined after the order was passed by this Court and the matter was transferred. Yet again due to differences, the parties have knocked the doors of the court. The husband is before the IV Additional Family Court in HMOP.No.367 of 2023. The wife pleads that she is unable to travel from Ranipet to Chennai which is about 300 km. to and fro in order to attend the hearing at Chennai.

3. Considering the fact that this Court has already transferred the proceedings which was then pending before the Family Court, Chennai to the Sub Court at Ranipet, and since there is no substantial change in circumstances with the wife still residing in Ranipet, I am inclined to accept the petition. Accordingly, HMOP.No.367 of 2023 on the file of the IV Additional Family Court at Chennai is withdrawn and is transferred to the file of the Sub Court at Ranipet.

4. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

18.06.2024 nl

Index : Yes/No Speaking Order/Non-speaking order : yes/No To

1. The IV Additional Family Court, Chennai

2. The Sub Court Judge, Ranipet.

V.LAKSHMINARAYANAN, J.

nl 18.06.2024