Allowed

S. Priya v. M. Franklin

Madras HC2 Sept 2024TR CMP/278/2024

Case brief

AI extract

What is this about?

The single judge allowed transfer petitions (Tr CMP.Nos. 278 & 279 of 2024) seeking to move pending IDOP.No.1257 and 1388 of 2023 from the Family Court at Coimbatore to the Family Court at Tiruppur. The court accepted the petitioner's claim of residence in Tiruppur and inability to travel to Coimbatore with her young child.

What did the court decide?

Proceedings in IDOP.No.1257 of 2023 and IDOP.No.1388 of 2023 transferred from Family Court, Coimbatore to Family Court, Tiruppur.

S. Priya Vs M. Franklin — Service and Employment | Madras HC (2024)

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Tr CMP.Nos.278 & 279 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.09.2024

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CORAM

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THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

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Tr CMP.Nos.278 & 279 of 2024 & CMP.Nos.5775 & 5783 of 2024

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S.Priya : Petitioner in both petitions

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versus

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M.Franklin : Respondent in both petitions

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Common Prayer: Petitions filed under Section 24 of the Code of Civil Procedure to withdraw the petitions in IDOP.No.1257 of 2023 & IDOP No.1388 of 2023 from the file of the Family Court, Coimbatore and to transfer the same to the Family Court, Tiruppur.

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For Petitioner in both petitions : Mr.J.Franklin

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For Respondent in both petitions : Ms.Parameswari

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COMMON ORDER

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These two transfer petitions has been preferred seeking transfer of proceedings which are pending in IDOP.1257 of 2023 and IDOP.No.1388 of

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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Tr CMP.Nos.278 & 279 of 2024

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2023 from the file of the Family Court at Coimbatore to the file of the Family Court at Tiruppur.

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There is no dispute in the relationship between the parties. The petitioner/wife married the respondent on 26.04.2021 at Annur in Coimbatore. From the wedlock, a female child was born on 11.01.2022. Thereafter, due to disputes and differences, the parties have separated.

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Claiming that the respondent/husband is not maintaining her, she has moved an application in M.C.No.165 of 2023 on the file of the Family Court at Coimbatore. She also filed IDOP.No.1257 of 2023 for restitution of conjugal rights. After presentation of the application for restitution of conjugal rights, the husband has initiated a proceeding for divorce in IDOP.No.1388 of 2023.

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The petitioner/wife pleads that she has now moved her residence to Kitchampalayam Pudur at Tiruppur. She states that she is unable to travel from Tiruppur to Coimbatore, a distance of about 100 km in order to Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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Tr CMP.Nos.278 & 279 of 2024

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conduct the litigations at Coimbatore. She states that since she has to take care of her two year old child, she is not in a position to leave the child at home and travel alone. She would plead that she finds it difficult to travel with the child to Coimbatore putting her in a piquant situation. Hence, these transfer petitions.

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Notice was ordered in these applications on 13.03.2024. The

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respondent has been served and there has been no representation on his behalf on 23.08.2024 and 02.09.2024 (today).

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Taking into consideration the inconvenience, both financial and

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physical, expressed by the wife, I am inclined to accept the transfer petitions. The proceedings in IDOP.No.1257 of 2023 and IDOP.No.1388 of 2023 are withdrawn from the file of the Family Court at Coimbatore and are transferred to the file of the Family Court at Tiruppur. The transfer petitions are allowed. No costs. Consequently, the connected miscellaneous petitions are closed.

02.09.2024

Page 3 of 5

https://www.mhc.tn.gov.in/judis

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Tr CMP.Nos.278 & 279 of 2024

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Index : Yes/No Speaking Order/Non-speaking order Neutral Citation : Yes/No

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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Tr CMP.Nos.278 & 279 of 2024

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V.LAKSHMINARAYANAN, J.

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1.The Family Court at Coimbatore

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2.The Family Court at Tiruppur.

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Tr CMP.Nos.278 & 279 of 2024

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02.09.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

S. Priya v. M. Franklin

Case brief

What is this about?

What did the court decide?

S. Priya v. M. Franklin

Case brief

What is this about?

What did the court decide?

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