R.Shyamaldevi v. K.Sathyamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2024
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.46 of 2024 & CMP.No.1060 of 2024 R.Shyamaladevi : Petitioner versus K.Sathyamoorthy : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the case in HMOP.No.145 of 2023 on the file of the Principal Sub Court, Hosur to the file of the Family Court, Chennai. For Petitioner : Mr.K.Lavan For Respondent : Mr.P.M.Jayachandran
ORDER
The petitioner is the wife. She married the respondent on 27.04.2020. Due to disputes and differences, the parties have separated. The husband has initiated HMOP.No.145 of 2023 seeking for divorce on the file of the
learned Principal Subordinate Judge at Hosur.
2. The petitioner pleads that the distance between the Chennai and Hosur is about 370 kms and that she has no one to accompany her to travel from Chennai to Hosur for the purpose of contesting the proceedings.
3. Notice was ordered on 29.01.2024 and the respondent was served.
4. Taking into consideration the interest and convenience of the wife, HMOP.No.145 of 2023 is withdrawn from the file of the Principal Sub court, Hosur and is transferred to the file of the Family Court, Chennai. The Family Court at Chennai need not insist upon the husband to attend for every hearing other than the essential hearing. He may be represented by counsel for all other non essential and procedural hearings. He must appear before the Court whenever directed by the learned Family Court Judge and whenever his appearance is indispensable.
5. With the above directions, this transfer petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 04.11.2024 nl Index : Yes/No Speaking Order/Non speaking order
: Yes/No To 1.The Principal Sub court, Hosur
2. The Family Court, Chennai
V.LAKSHMINARAYANAN, J.
nl 04.11.2024