Rosemary Raphel v. Bibin Charles

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.29551 of 2023 Rosemary Raphel ... Petitioner Vs Bibin Charles ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the case in IDOP No.369 of 2023 on the file of the learned Principal District Judge, Thiruvallur and transfer the same to the Family Court, Coimbatore.

For Petitioner : Mr.Udaya P.S.Menon For Respondent : Mr.D.Murugan

O R D E R

The husband has initiated I.D.O.P.No.369 of 2023 for restitution of conjugal rights before the Principal District and Sessions Judge, 1/4

Thiruvallur.

2. The respondent husband is a permanent resident of Muthupudhupettai, Thiruvallur. The petitioner wife is a resident of Ramanathapuram at Coimbatore.

The distance between Ramanathapuram and Thiruvallur is said to be about 500 kms. The petitioner wife also pleads that she is jobless and is unable to take care of her daily needs.

3. Taking into consideration the inconvenience expressed by the wife, the proceedings in IDOP No.369 of 2023 on the file of the learned Principal District Judge, Thiruvallur is withdrawn and transferred to the file of Family Court, Coimbatore. The learned Family Court Judge at Coimbatore need not insist upon the presence of the husband for all hearings. For procedural and non-essential hearings, the husband may be represented by a counsel. For all other hearings where the petitioner's presence is indispensable, he shall appear in person. No costs. Consequently, the connected miscellaneous petition is closed. 26.04.2024 Index : Yes/No gpa 2/4

To

1. The Principal District Judge, Thiruvallur

2. The Family Court, Coimbatore.

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V. LAKSHMINARAYANAN, J.

gpa 26.04.2024 4/4