Princely Jayakumar v. J.Lavanya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).Nos.2759 and 2760 of 2024 Princely Jeyakumar ... Petitioner/Respondent Vs.

J.Lavanya ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the above I.D.O.P.No.4876 of 2023 from the learned 4th Additional Principal District Judge, Family Court, Chennai, to the learned Family Court, Dindigul and club the same with I.D.O.P.No.303 of 2023 on the file of the learned Family Court, Dindigul and decide the same on merits. For Petitioner : Mr.R.Varatharajan For Respondent : No Appearance

ORDER

This petition has been filed to withdraw and transfer the above I.D.O.P.No.4876 of 2023 from the learned 4th Additional Principal 1/5

District Judge, Family Court, Chennai, to the learned Family Court, Dindigul and club the same with I.D.O.P.No.303 of 2023 on the file of the learned Family Court, Dindigul and decide the same on merits. 2.The facts in brief:

The petitioner is a Doctor by profession. There was matrimonial dispute between the parties. The marriage was solemnized between the parties on 12.12.2022. Thereafter for some days there was no problem between them. After some times, due to dispute arose between them, wife filed I.D.O.P.No.4876 of 2023 before the IV Additional Principal Judge, Family Court, Chennai, seeking divorce. While so, the petitioner filed I.D.O.P.No.303 of 2023 before the Family Court, Dindigul seeking conjugal rights. Since the petitioner being a Doctor by profession, he cannot attend every hearing in I.D.O.P.No. 4876 of 2023 before the IV Additional Principal Judge, Family Court, Chennai. Hence, he filed this petition seeking transfer of the same to Dindigul, to try along with the petition filed before the Family Court, Dindigul.

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3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice and entered appearance through her counsel, today none appears on behalf of her. 4.Considering the facts and circumstances of the case, I.D.O.P.No. 4876 of 2023 filed by the respondent on the file of the IV Additional Principal Judge, Family Court, Chennai, is ordered to be withdrawn and transferred to the Family Court, Dindigul to try along with I.D.O.P.No. 303 of 2023.

5.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 28.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The IV Additional Principal Judge, Family Court, Chennai. 2.The Judge, Family Court, Dindigul.

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3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 28.03.2024 5/5