A.Saranya v. D.Vembu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.No. 27851 of 2023 A. Saranya

...Petitioner

Vs.

D.Vembu ... Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No. 605 of 2023 on the file of Family Court at Karur and transfer the same to be heard in the Family Court at Chennai.

For Petitioner : Mr.Ashwin Prasad for Srimathi.V For Respondent : Mr.M.Abi for Mr.S.A.Sathiya Prakash Page No 1 of 4

ORDER

This petition has been filed seeking to withdraw the H.M.O.P.No. 605 of 2023 pending on the file of Family Court, Karur and to transfer the same to Family Court, Chennai.

2. It is submitted by the learned counsel appearing for the petitioner that marriage of the petitioner with respondent was solemnized on 22.10.2018. Subsequently, the petitioner had gave birth to female child on 18.06.2019. However, on account of some issues between the parties, the respondent has filed H.M.O.P.No. 605 of 2023 on the file of Family Court, Karur seeking divorse from the petitioner under Section 13(1)(i-a) of the Hindu Marriage Act.

3. It is also submitted that the petitioner has two children, one is aged about four years and another one is aged about 11⁄2 years and that she has no support from any quarters thereby it is difficult to attend Family Court, Karur which is about 380 kms. Therefore, sought for transfer.

4. The learned Counsel for the respondent submitted that the Page No 2 of 4

respondent has no objection for withdrawing H.M.O.P.No. 605 of 2023 pending on the file of Family Court, Karur and to transfer the same to Family Court, Chennai and same is recorded.

5. Considering the submission made by both sides and on perusal of records, this petition is allowed. The H.M.O.P.No. 605 of 2023 pending on the file of Family Court, Karur is withdrawn and ordered to be transferred to Family Court, Chennai. The learned Presiding Officer of the Family Court, Karur is directed to dispatch the entire case records pertaining to H.M.O.P.No. 605 of 2023 duly indexed to the Family Court, Chennai as quickly as possible. Consequently, connected miscellaneous petition is also closed. No costs.

08.08.2024 Index:Yes/No Speaking Order :Yes/No nsl To The Family Court, Karur.

Page No 3 of 4

DR. D.NAGARJUN ,J.

nsl and C.M.P.No. 27851 of 2023 08.08.2024 Page No 4 of 4