G. Priyanka v. S. Manickababu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN and CMP.No.24721 of 2023 G.Priyanka ... Petitioner Vs S.Manickababu ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of CPC praying to withdraw H.M.O.P. No.566 of 2023 pending on the file of the Additional Principal Family Court, Coimbatore and transfer the same to Sub Court at Tambaram.

For Petitioner : Mr.K.Venkateswaran For Respondent : Mr.P.Thinesh

ORDER

The petitioner-wife has presented this petition to withdraw the petition filed by the respondent-husband in H.M.O.P.No.566 of 2023 before the 1/4

Additional Principal Family Court and transfer the same to the Sub Court, Tambaram.

2. The petitioner and the respondent got married on 10.09.2021. The petitioner-wife is the permanent resident of Vengambakkam in Kancheepuram District. The respondent-husband is the resident of Ganapathy in Coimbatore. Due to the differences that arose between them in their matrimonial life, they got separated. Thereafter, the respondenthusband initiated H.M.O.P.No.566 of 2023 before the Additional Principal Family Court, Coimbatore seeking dissolution of marriage. The distance between Chennai and Coimbatore is about 500 kms. According to the petitioner, she is unable to travel this distance all alone. Hence, this petition.

3. Considering the overall circumstances, this court is inclined to allow this petition. Accordingly, the petition in H.M.O.P.No.566 of 2023 is withdrawn from the file of Additional Principal Family Court, Coimbatore and is transferred to the file of Sub Court, Tambaram. Since the transferee Court is a Sub Court, the respondent-husband need not appear on every 2/4

hearings, and he may be represented through his counsel. Therefore, there is a likelihood of not much inconvenience caused to the respondent-husband in attending the court proceedings at Sub Court, Tambaram.

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

23.04.2024 Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order ds To:

1.The Additional Principal Family Court, Coimbatore. 2.The Subordinate Court, Tambaram.

3.The Section Officer VR Section, High Court, Madras.

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V.LAKSHMINARAYANAN,J.

ds 23.04.2024 4/4