Wife sought transfer of husband's matrimonial petition from Coimbatore to Tiruppur, citing care of her four-year-old daughter. Respondent did not appear despite notice. The Court withdrew the case from the II Additional Subordinate Court, Coimbatore and transferred it to Family Court, Tiruppur, permitting representation by counsel except at essential hearings.
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Tr.C.M.P.No.433 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.433 of 2023 and C.M.P.No.9601 of 2023
Kiruthika
... Petitioner
Vs.
M.A.Vignesh
... Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.526 of 2022 on the file of the II Additional Subordinate Court, Coimbatore and transfer the same to the file of the Family Court, Tiruppur.
For Petitioner : Mr.Balaji Thirumoorthy
For Respondent : No appearance
ORDER
The petitioner and the respondent were married on 06.09.2018 at
Tiruppur. From the wedlock, a girl child was born on 11.01.2020 and she
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Tr.C.M.P.No.433 of 2023
is aged about four years today. The petitioner/wife and the girl child are residing in Tiruppur. Thereafter, disputes arose between the petitioner and the respondent. The respondent/husband, who is a resident of Coimbatore has initiated the matrimonial proceedings in H.M.O.P.No.526 of 2022 before the II Additional Subordinate Court, Coimbatore.
Tiruppur, where she is permanently residing, to Coimbatore as she has to take care of her child.
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Tr.C.M.P.No.433 of 2023
the respondent/husband need not appear for every hearing. But he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.
allowed. No costs. Connected Civil Miscellaneous Petition is closed.
16.04.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No
arb
To
1.The II Additional Subordinate Court, Coimbatore. 2.The Family Court, Tiruppur.
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Tr.C.M.P.No.433 of 2023
V. LAKSHMINARAYANAN, J.
arb
Tr.C.M.P.No.433 of 2023 and C.M.P.No.9601 of 2023
and
16.04.2024
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1 issue framed by the court
Whether the wife's matrimonial petition pending at Coimbatore should be transferred to Tiruppur on account of her difficulty in travelling with her young child?
1 provisions across 1 enactments
Kiruthika
M.A.Vignesh
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
