Madras High Court
Jebakani Ishwarya vs Immanuvel Leeban on 6 September, 2024
Tr CMP.No.530 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2024
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr CMP.No.530 of 2024 &
CMP.No.11933 of 2024
Jebakani Ishwarya : Petitioner
versus
Immanuvel Leeban : Respondent
Prayer: Petition filed under Section 24 of the Code of Civil Procedure to
withdraw the IDOP.NO.53 of 2024 on the file of the Principal District
Court, Madurai and transfer the same to V Additional Family Court,
Chennai to try with IDOP.No.1135 of 2024.
For Petitioner : Mr.Jheroshlin M
For Respondent : Mr.P.Narayana Prasad
ORDER
This petition seeking transfer of IDOP. No.53 of 2024 from the file of
the Principal District Court, Madurai, to the file of the V Additional Family
https://www.mhc.tn.gov.in/judis
Court, Chennai.
2. The petitioner married the respondent on 12.02.2023. Both are
graduates and working in multinational companies. Due to disputes and
differences, the parties have separated and the petitioner is now residing in
Chennai.
3. The respondent has initiated a proceeding for divorce in
IDOP.No.53 of 2024 on the file of the Principal District Court at Madurai.
In the meantime, the wife has initiated a proceeding for restitution of
conjugal rights in IDOP.No.1135 of 2024 on the file of the V Additional
Family Court at Chennai. Considering the distance between Madurai and
Chennai, the petitioner has moved this application for transfer as she finds it
difficult to travel such a considerable distance.
4. Notice was ordered in this application on 14.06.2024 and the
respondent entered appearance through Mr.P.Narayana Peruamal.
5. Mr.P.Narayana Peruamal would submit that the husband has no
https://www.mhc.tn.gov.in/judis
objection for transfer of proceedings.
6. Apart from this no objection, I have to take note that there is a
proceeding pending for restitution of conjugal rights before the Family
Court at Chennai. To avoid conflicting judgments, it would be better for the
same learned Judge to deal with both IDOPs.
7. Accordingly, the proceedings in IDOP.No.53 of 2024 is withdrawn
from the file of the Principal District Court, Madurai and is transferred to
the file of the V Additional Family Court, Chennai to be tried and heard
along with IDOP.No.1135 of 2024. It is made clear that the V Additional
Family Court, Chennai need not insist upon the respondent to appear for
every hearing except the essential hearing. The respondent shall be present
only for such hearings when his appearance is indispensable. For all other
hearings, the respondent shall be represented by a counsel.
8 . With the above directions, this transfer petition is allowed. No
costs. Consequently,the connected miscellaneous petition is closed.
06.09.2024
https://www.mhc.tn.gov.in/judis
nl
Index : Yes/No
Speaking Order/Non-speaking order
Neutral Citation : Yes/No
https://www.mhc.tn.gov.in/judis
V.LAKSHMINARAYANAN, J.
nl
To
1.The Principal District Court, Madurai
2.The V Additional Family Court, Chennai
06.09.2024
https://www.mhc.tn.gov.in/judis
