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Madras High CourtTR CMP/1136/2023allowed

J.Priyanka v. R.Ulaganathan

2024-06-11Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.CMP No.1136 of 2023 and CMP.No.27316 of 2023 J.Priyanka ... Petitioner -VersusR.Ulaganathan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to withdraw the petition in HMOP.No.514 of 2023 pending on the file of the Family Court at Tiruchirapalli and transfer the same to the Family Court, Chennai.

For Petitioner : Mr.S.N.Ravichandran For Respondent : Mr.D.Kalaichelvi

ORDER

The petitioner and the respondent married each other on 03.03.2021. Due to differences between them, they were separated. The husband has initiated a

proceeding for restitution of conjugal rights in HMOP.No.514 of 2023 on the file of the Family Court at Tiruchirapalli. The petitioner is a resident of Thiruvallur and she is unable to travel the distance from Thiruvallur to Tiruchirapalli in order to attend the hearing. Hence, she has moved this transfer petition.

2. Taking into consideration the distance between Tiruchirapalli and Thiruvallur, I am inclined to allow the transfer petition. Accordingly, HMOP.No.514 of 2023 is withdrawn from the file of the Family Court at Tiruchirappalli and is transferred to the file of the Family Court at Chennai. It is made clear that the Family Court at Chennai need not insist upon the respondent to appear for every hearing except the essential hearing. For non-essential or procedural hearings, he may be represented through a counsel.

3. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

11.06.2024 nl Index : Yes/No Speaking Order/Non-speaking order : Yes/No

To 1.The Family Court at Tiruchirapalli 2.The Family Court at Chennai

V.LAKSHMINARAYANAN, J.

nl 11.06.2024