Madras High CourtTR CMP/1109/2023allowed

S. Shobana v. V.Vijaya Prabhakaran

2024-04-16Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.26677 of 2023 S.Shobana ... Petitioner Vs.

V.Vijay Prabhakaran ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.300 of 2022 on the file of the Family Court, Chengalpattu and transfer the same to the file of the Sub Court, Ambattur.

For Petitioner : Mr.Jerry V.V.Sundar For Respondent : Mr.K.Kamala Kannan

ORDER

This transfer petition has been filed seeking transfer of proceedings in H.M.O.P.No.300 of 2022 on the file of the Family Court, Chengalpattu to the file of the Sub Court, Ambattur.

2. Notice was ordered and the respondent has been served. Page No 1 of 4

3. There are allegations and counter allegations raised by either side.

4. Mr.K.Kamala Kannan, learned counsel appearing on behalf of the respondent submits that his client has no objection for the transfer of the proceedings.

5. Without going into the merits of the allegations, taking into consideration the convenience of the wife and the fact that no objection has been tendered by the respondent, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.300 of 2022 which is now pending on the file of the Family Court, Chengalpattu is withdrawn and it shall stand transferred to the file of the Sub Court, Ambattur. It is made clear that the respondent 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.

6. Accordingly, this Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. Connected Civil Miscellaneous Petition is closed. 16.04.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Family Court, Chengalpattu.

2.The Sub Court, Ambattur.

V. LAKSHMINARAYANAN, J.

arb Page No 3 of 4

and C.M.P.No.26677 of 2023 16.04.2024 Page No 4 of 4