Madras High CourtTR CMP/1245/2023allowed

R.Hema Shree v. M.Alaguvel

2024-04-30Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.29582 of 2023 R.Hema Shree .. Petitioner Vs.

M.Alaguvel .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the suit in O.S.No.129 of 2023 on the file of the learned Principal District Munsif, Lalgudi at Trichy District and transfer the same to the file of the Family Court at Krishnagiri and try along with M.C.No.13 of 2023 on the file of the Family Court at Krishnagiri.

For Petitioner : Mr.M.Sathyamoorthy for Mr.S.Vinoth Kumar For Respondent : M/s.R.Sakthi Priya for Mr.V.Achuthanandan

ORDER

Page No 1 of 4

The petitioner before me is the wife. She claims that she married the respondent/husband on 18.08.2016 at Nalla Goundan Palayam in Namakkal District.

2. She also claims that she was thrown out of her matrimonial home in November 2021. Claiming that she has not been maintained properly, she has initiated the maintenance proceeding in M.C.No.13 of 2023 before the Family Court at Krishnagiri.

3. The husband has moved a suit before the Principal District Munsif at Lalgudi for a declaration that no marriage has taken place between the petitioner and the respondent. Be that as it may, as the distance between Lalgudi and Krishnagiri is considerable, the petitioner has moved the present transfer petition.

4. Taking into consideration the interest of the wife, I am inclined to allow this transfer petition. Hence, the proceeding in O.S.No.129 of 2023 on the file of the learned Principal District Munsif, Lalgudi at Trichy District is withdrawn and it shall stand transferred to the file of the Family Court at Page No 2 of 4

Krishnagiri to be heard and tried along with the maintenance petition in M.C.No.13 of 2023.

5. It is made clear that the husband need not appear for every hearing. But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 30.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To 1.The Principal District Munsif Court, Lalgudi at Trichy District 2.The Family Court, Krishnagiri and C.M.P.No.29582 of 2023 30.04.2024 Page No 4 of 4