Wife sought transfer of husband's divorce petition from Thiruvannamalai to Chennai citing spinal cord issues and childcare. The court found she had travelled to Vijayawada to initiate her own proceedings and trial had commenced, so declined transfer but relaxed her appearance obligations.
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Tr.C.M.P.No.159 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.159 of 2024 and C.M.P.Nos.3135 and 3137 of 2024
G.Roja
.. Petitioner
Versus
Dr.R.Rajkumar .. Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to order withdrawal of F.C.O.P.No.77 of 2021, pending on the file of the Family Court at Thiruvannamalai and transfer the same to the Family Court, Chennai.
For Respondent : Ms.A.Nethra
ORDER
The petitioner married the respondent on 17.06.2018 at Choolai in Chennai. From the wedlock, she gave birth to a female child on 12.07.2020.
The petitioner pleads that she is working part-time as a nurse at a private
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Nursing Home at Chennai and is also having income as a Pharmacist to a tune of Rs.30,000/-.
entered appearance for the respondent/husband.
account of the financial and physical inabilities, the petitioner/wife wants
the proceedings to be transferred from Thiruvannamalai to Chennai.
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husband initiated proceedings at Thiruvannamalai, initiated proceedings in F.C.O.P.(MC).No.681 of 2022 on the file of the Principal Family Judge (XIV Additional District Judge), Vijayawada. She states that the trial commenced in F.C.O.P.No.77 of 2021 and the husband has filed his proofaffidavit and is to be cross-examined. It is at that stage, the present Transfer Civil Miscellaneous Petition came to be filed. Hence, she states that there are no bonafides in the Transfer Civil Miscellaneous Petition.
the way from Chennai to Vijayawada. If she is in a position to travel from here to neighbouring state, I am certain that she is physically fit to travel to Thiruvannamalai also. I am not in a position to accept the faint plea raised by Mr.G.Ajith that the wife is feeling threatened each time she vsits Thiruvannamalai. The trial has commenced and therefore, it would not be in the interest of both the parties to transfer the proceedings to Chennai and increase the agony of litigation that they are already suffering from.
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complete the proceedings in F.C.O.P.No.77 of 2021 within a period of six months from the date of receipt of a copy of this order. The petitioner/wife need not to appear for every hearing before the Court at Thiruvannamalai. She need to appear only when her presence is indispensible i.e., to record her side of evidence. For other hearings, she can be represented by a Counsel.
18.10.2024
Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs
To
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V.LAKSHMINARAYANAN, J.
grs
Tr.C.M.P.No.159 of 2024 and C.M.P.Nos.3135 and 3157 of 2024
18.10.2024
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1 issue framed by the court
Should the wife's divorce proceedings pending before the Family Court, Thiruvannamalai be transferred to the Family Court, Chennai on grounds of her health and childcare responsibilities?
1 provisions across 1 enactments
G.Roja
Dr.R.Rajkumar
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
