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Madras High CourtTR CMP/31/2022allowed

P.Kokilavani @ Nandhini v. S.Vellaiappan @ Sivakumar

2022-02-25Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T. ASHA TR.C.M.P.NO.31 OF 2022 & C.M.P.NO.773 OF 2022 P.Gokilavani @ Nandhini

...Petitioner

Vs S.Vellaiappan @ Sivakumar

...Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.72 of 2020 pending on the file of the Family Court at Karur, Karur District and transfer the same to II Additional Sub Court, Coimbatore to try along with H.M.O.P.No.352 of 2021. For Petitioner :

Mr.C.D.Sugumar For Respondent :

No Appearance

ORDER

The above Transfer Civil Miscellaneous Petition is filed seeking transfer of the proceedings filed by the respondent husband for divorce in H.M.O.P.No.72 of 2020 pending on the file of the Family Court, Karur to the file of the II Additional Sub Court, Coimbatore.

2. The grounds on which the transfer sought for are as follows.

"1.At present, the petitioner is living with her aged parents at Coimbatore, which comes within the jurisdiction of the II Additional Sub Court, Coimbatore.

2.The petitioner has to take care of her 2 year old girl child and it is difficult for her to travel Karur for each hearing with the child.

3.The petitioner has no independent income and she has been relying upon her brother for her and her child's survival.

https://hcservices.ecourts.gov.in/hcservices/

3. Considering the reasons that has been put forward by the petitioner and also taking note of the fact that the petitioner is residing at Coimbatore, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.72 of 2020 pending on the file of the Family Court, Karur, is withdrawn and transferred to the file of the II Additional Sub Court, Coimbatore, to be tried along with H.M.O.P.No.352 of 2021. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar kan To 1.The Family Court, Karur.

2.The II Additional Sub Court, Coimbatore.

+1cc to Mr.C.D.Sugumar, Advocate Sr.No.12659 Tr.C.M.P.No.31 of 2022 SSV(CO) RVM(18/03/2022) https://hcservices.ecourts.gov.in/hcservices/