Kanishkasree @ U.Dhivya v. Santhoshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.06.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.26001 of 2023 Kanishkasree @ U.Dhivya ... Petitioner Vs Santhoshkumar ...

Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to transfer the case in H.M.O.P.No.3840 of 2023 on the file of Principal Family Court, Chennai to the Sub Court at Jayamkondam, Ariyalur District to secure the ends of justice. For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.D.Ravindranathan

O R D E R

The petitioner and the respondent solemnized their wedding on 19.10.2015. From the wedlock, two children were born. One is aged about 9 years and other is aged about 8 years. Due to dispute and differences, the parties are before the Family Court at Chennai. 1/4

2. The husband has initiated HMOP.No.3840 of 2023 seeking for divorce on the ground of cruelty. Even in the original petition that has been produced before this Court, the wife has been shown as a permanent resident of Ilayaperumal Nallur, Udayarpalayam, Ariyalur District. The wife pleads that she is taking care of two children and does not have any support in order to travel from Ilayaperumal Nallur to Chennai to attend every hearing.

3. It is not dispute that the children are in the custody of the mother. Taking into consideration the interest of the wife, I am inclined to withdraw H.M.O.P.No.3840 of 2023 from the file of Principal Family Court, Chennai and transfer it to the Sub Court, Jayamkondam for the purpose of disposal.

4. This Transfer Civil Miscellaneous Petition is allowed. No costs. Connected miscellaneous petition is closed.

18.06.2024 Index : Yes/No mp 2/4

To

1. The Principal Family Court Chennai.

2. The Sub-Court Jayamkondan.

3/4

V. LAKSHMINARAYANAN, J.

mp 18.06.2024 4/4