Madras High CourtTR CMP/1111/2023disposed of

S. Gomathi v. M. Murali

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.CMP.No.1111 of 2023 and CMP.No.26721 of 2023 S. Gomathi W/o. Murali ... Petitioner vs M. Murali S/o. Muniyandi .. Respondent PRAYER:- The Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P. No.370 of 2023 pending on the file of the Sub Court, Poonamallee to be tried along with M.C. No.83 of 2023 pending on the file of Family Court, Tiruppur.

For Petitioner : Mr. R.K. Arjun Raj For Respondent : Mr. G. Mohammed Aseef

ORDER

The petition has been filed to withdraw H.M.O.P. No.370 of 2023 1/4

pending on the file of the Sub Court, Poonamallee to be tried along with M.C. No.83 of 2023 pending on the file of Family Court, Tiruppur.

2. Heard R.K. Arjun Raj, learned counsel appearing for the petitioner and Mr. G. Mohammed Aseef, learned counsel appearing for the respondent.

3. This transfer petition is filed by the wife seeking transfer of H.M.O.P. No.370 of 2023 pending on the file of Sub Court, Poonamallee to be heard and tried along with M.C. No.83 of 2023 pending on the file of Family Court, Tiruppur. The relationship between the parties is not in dispute. The petitioner and the respondent got married on 14.09.2016. Due to domestic issues, they have been living separately. From the wedlock, a child has been delivered and it is in the custody of the petitioner. Therefore, it will be difficult for the wife to travel from Tiruppur to Poonamallee to attend the hearing.

4. Considering the overall circumstances, the transfer Civil Miscellaneous Petition is allowed. H.M.O.P. No.370 of 2023 pending on the file of the Sub Court, Poonamallee is transferred to the file of learned 2/4

Family Judge, Tiruppur. The learned Judge may take up the HMOP and dispose it off along with M.C. No.83 of 2023. The presence of the respondent husband may be insisted upon only for essential hearings and in the other hearings, he may be represented by his Counsel. No costs. The connected miscellaneous petition is closed. 04.04.2024 Index:Yes/No Speaking order/Non-speaking order mjs To

1. The Sub Court, Poonamallee 2..The Family Court, Tiruppur 3/4

V. LAKSHMINARAYANAN,J.

mjs Tr. CMP. No.1111 of 2023 04.04.2024 4/4