Poovizhi @ Dhanam v. Tamilselvan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.28949 of 2023 Poovizhi @ Dhanam .. Petitioner Vs.
Tamilselvan .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.81 of 2023 on the file of the Family Court at Dharmapuri and to transfer the same to the Sub Court at Kallakurichi.
For Petitioner : Mr.B.Manoharan For Respondent : Mr.S.M.S.Shriram Narayanan
ORDER
The husband has initiated a proceeding before the Family Court at Dharmapuri in H.M.O.P.No.81 of 2023.
2. The wife is a permanent resident of Salem, but currently posted to Page No 1 of 4
Kallakurichi. She states that she is unable to travel from Kallakurichi to Dharmapuri for every hearing. Hence, this transfer petition.
3. Mr.S.M.S.Shriram Narayanan, appearing for the respondent/husband, would state that the husband had been transferred from Kallakurichi to Coimbatore.
4. Both sides would plead that if the case is transferred to the Family Court at Salem, it would be convenient for both of them.
5. Taking into consideration the fact that both are employees and also the fact that Salem is the permanent place of residence for the petitioner/wife and since the parties have reached an agreement on the venue of litigation, the proceeding in H.M.O.P.No.81 of 2023 on the file of the Family Court at Dharmapuri is withdrawn and it shall stand transferred to the file of the Family Court at Salem.
6. As both the parties are working, the Court need not insist on the Page No 2 of 4
presence of the parties for every hearing. However, they shall appear only for the hearings where their presence is indispensable. For all other hearings, they may be represented through a counsel. No costs.
7. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 24.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4
V. LAKSHMINARAYANAN, J.
mkn2 To 1.The Family Court, Dharmapuri 2.The Family Court, Salem and C.M.P.No.28949 of 2023 24.04.2024 Page No 4 of 4