Gowthami vs Vasudevan
2024 Latest Caselaw 17805 Mad

Madras High Court

Gowthami vs Vasudevan on 6 September, 2024

                                                                                    Tr CMP.No.545 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.545 of 2024 &
                                                     CMP.No.12021 of 2024

                     Gowthami                             : Petitioner

                                              versus

                     Vasudevan                            : Respondent

                     Prayer: Petition filed under Section 24 of the Code of Civil Procedure to
                     withdraw the case in HMOP.No.176 of 2022 on the file of the learned Sub
                     Court, Omalur, Salem District and transfer the same to the learned Family
                     Court, Erode to be tried along with FCOP.No.106 of 2024.

                                  For Petitioner          : Mr.V.S.Mahakrishnan

                                  For Respondent          : Ms.B.Leela


                                                             ORDER

The petitioner is the wife. She married the respondent on 27.02.2009.

From the wedlock, a boy was born on 28.10.2009. Due to disputes and

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differences, the parties separated in 2018. Thereafter, the wife has been

residing in her father's house at Kasthuripa Village, Erode District.

2. The husband is residing in K.R.Thoppur, Salem District. He

presented HMOP.No.176 of 2022 on the file of the Omalur seeking

restitution of conjugal rights. The petitioner has initiated a proceeding for

divorce before the Family Court at Erode. Pleading that she is not in a

position to travel, she has moved the present transfer petition.

3. Notice was ordered in the application on 19.06.2024 and the

respondent has entered appearance through Ms.Leena.

4. Ms.Leena has filed a counter to the said transfer petition. She

would plead that the petitioner has filed MC.No.7 of 2022 for maintenance

before the Family Court at Erode. After denying the allegations made in the

petition, the respondent states that he has no objection for transfer from Sub

Court, Omalur to the Family Court at Erode.

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5. Taking into consideration the counter that has been filed by the

respondent/husband as well as the fact that there must not be conflict of

judgments, HMOP.No.176 of 2022 is withdrawn from the file of the Sub

Court at Omalur and is transferred to the file of the Family Court at Erode to

be heard and disposed of along with HMOP.No.106 of 2024 and MC.No.7

of 2022. It is made clear that the Family Court at Erode 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.

6 . With the above directions, this transfer petition is allowed. No

costs. Consequently,the connected miscellaneous petition is closed.

                                                                                     06.09.2024
                     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 Sub Court at Omalur

                     2.The Family Court at Erode









                                                                    06.09.2024







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