Jenita Evelyn, v. Stephen Jayakumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.3352 of 2023 Jenita Evelyn ... Petitioner/Respondent Vs.

Stephen Jayakumar ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer I.D.O.P.No. 313/2022 pending on the file of the Learned Family Court, Trichirappalli, to Learned Family Court, Coimbatore. For Petitioner : Mr.K.Chengiz Khan For Respondent : No Appearance

ORDER

This Petition has been filed seeking to withdraw and transfer I.D.O.P.No.313/2022 pending on the file of the Learned Family Court, Trichirappalli, to Learned Family Court, Coimbatore. 1/4

2.The brief facts are as follows:

The marriage between the parties was solemnized on 10.06.2018. Out of the above said wedlock they gave birth a male child. The child is suffering from febrile, irritable, with erythematous maculopapula rashes all over the body and scaly lesion over the back. In the meantime, there was misunderstanding between the parties. The respondent filed the above said I.D.O.P on the file of the Family Court, Tiruchirappalli. The petitioner is residing at Coimbatore along with their child. Hence, she is unable to attend every hearing in Tiruchirappalli. Hence, she seeks transfer the case.

3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the I.D.O.P.No.313 of 2022 filed by the respondent on the file of the Family Court, Tiruchirappalli, is ordered to be withdrawn and transferred to the Family Court, 2/4

Coimbatore.

5.With the above said directions, this petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 29.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Family Court, Tiruchirappalli.

2.The Judge, Family Court, Coimbatore.

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 29.02.2024 4/4