J. Rajeswari v. K. Jawahar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.26804 of 2023 J.Rajeswari ... Petitioner Vs.

K.Jawahar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.25 of 2023 on the file of the Sub Court, Mettupalayam and transfer the same to the file of the Family Court, Chennai.

For Petitioner : Ms.V.Premalatha For Respondent : Mr.Dinesh Babu

ORDER

The petitioner and the respondent were married on 29.08.2014 at Valasaravakkam, Chennai. From the wedlock, a girl child was born on 18.11.2015 and she is aged about nine years today. The petitioner/wife and Page No 1 of 4

the girl child are residing in Chennai. Thereafter, disputes have arisen between the petitioner and the respondent. The respondent/husband, who is a resident of Mettupalayam has initiated the matrimonial proceedings in H.M.O.P.No.25 of 2023 before the learned Subordinate Judge at Mettupalayam.

2. The petitioner/wife claims that she is unable to travel from Chennai, where she is currently residing, to Mettupalayam as she has to take care of her child.

3. Taking into consideration the difficulties expressed by the petitioner/wife and the fact that she has girl child to attend to, I am inclined to consider this transfer petition. Hence, the proceedings in H.M.O.P.No.25 of 2023 which is now pending on the file of the Sub Court, Mettupalayam is withdrawn and it shall stand transferred to the file of the Family Court, Chennai. It is made clear that the respondent/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. Page No 2 of 4

4. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

16.04.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Sub Court, Mettupalayam.

2.The Family Court, Chennai.

V. LAKSHMINARAYANAN, J.

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arb and C.M.P.No.26804 of 2023 16.04.2024 Page No 4 of 4