Madras High CourtTR CMP/1205/2023allowed

K. Swarna Priya v. S. Rajasekaran

2024-04-24Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.1205 of 2023 & C.M.P.No.28795 of 2023 K.Swarna Priya ... Petitioner -VersusS.Rajasekaran ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP.No.482 of 2023 pending on the file of the Sub Court, Poonamallee and to transfer the same on the file of the Family Court, Salem.

For Petitioner : Ms.R.A.Monalisa For Respondent : Mr.C.P.Sathish

ORDER

The petitioner and the respondent are the wife and husband. They got married on 25.04.2016. Two children were born on 19.01.2018 and 03.09.2020. The children are six and four years old, respectively. Due to certain matrimonial disputes, the husband has initiated HMOP.No.482 of 2023 on the file of the Sub Court at Poonamallee.

2. The petitioner, being a resident of Salem, finds it difficult to travel from Salem to Poonamallee.

3. The learned counsel for the respondent suggests that the case be transferred to Namakkal. In the same breath, he states that DVC proceedings have been initiated in Salem.

4. As the petitioner is the wife and she is finding it inconvenient to travel from Salem to Poonamallee, the proceeding in HMOP.No.482 of 2023 is withdrawn from the file of the Sub Court at Poonamalle and is transferred to the file of the Family Court at Salem.

5. The presence of the husband need not be insisted upon by the court for every hearing. It is sufficient if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be represented through a counsel.

6. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

24.04.2024 nl Index : yes / no

: yes / no Speaking / Non Speaking Order To 1.The Sub Court, Poonamallee 2.The Family Court, Salem.

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.1205 of 2023 & C.M.P.No.28795 of 2023 24.04.2024