Vidyalakshmi v. Vignesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P. (MD) Nos. 4466 and 4467 of 2024 Vidyalakshmi ... Petitioner/Respondent -vsVignesh ... Respondent/Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1908, to withdraw the H.M.O.P.No.153 of 2023 pending on the file of the learned Family Court, Pudukottai and transfer the same to the file of the learned Family Court, Thanjavur.

For Petitioner : Mr.S.Venkatesan For Respondent : Mr.K.C.Maniyarasu 1/4

O R D E R

The prayer is made by the petitioner/wife to transfer the H.M.O.P.No.153 of 2023 from the file of the Family Court, Pudukottai to the file of the Family Court, Thanjavur.

2.Mr.K.C.Maniyarasu, learned Counsel appears on behalf of the respondent/husband has objects to the same by saying that between Thanjavur and Pudukottai, no prejudice would be caused and the petitioner/wife can travel. The same submissions can apply to the respondent/husband also and therefore, there will no prejudice if the prayer of the petitioner/wife is allowed considering the fact that she is expressing some hardship to travel. It goes without saying, if for formal hearings not being for counselling, crossexamination or mediation etc., if the respondent/husband is unable to come, then he can be represented through the Advocate and the Court can consider dispensing his presence on the particular day depending upon the facts and circumstances of the said hearing.

2/4

3. In view thereof, this Transfer Civil Miscellaneous Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. No costs. 02.07.2024 Index : No Internet : Yes PKN To The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

3/4

D.BHARATHA CHAKRAVARTHY , J.

PKN 02.07.2024 4/4