K.Vinothini @ Vaishnavi v. P.Diwakar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P.No.75 of 2022 and C.M.P.No.1585 of 2022 K.Vinothni @ Vaishnavi
...Petitioner
-VsP.Diwakar
...Respondent
PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.1032 of 2021 on the file of Subordinate Court, Alandur and transfer it to the file of the Subordinate Court, Ponneri.
For Petitioner :
Mr.P.Balamurugan For Respondent : Mr.S.Shankar
ORDER
The wife has filed the Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.1032 of 2021 filed by the husband for divorce on the file of the Subordinate Court, Alandur, to the Subordinate Court, Ponneri.
2.The learned counsel appearing for the respondent on instructions has no objection but, however, contended that since the matter is now being transferred to the Subordinate Court where the presence of party was mandatory the same would cause hardship to the respondent/husband who would have to travel to Ponneri for every hearing.
Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings in H.M.O.P.No.1032 of 2021 on the file of the Subordinate Court, Alandur to the file of the Subordinate Court, Ponneri, subject to the condition that the Subordinate Judge at Ponneri, shall not insist on the presence of the respondent/husband for every https://hcservices.ecourts.gov.in/hcservices/
hearing except for attending the counselling session and for adducing evidence.
No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mps To
1. The Subordinate Judge, Alandur.
2. The Subordinate Judge, Ponneri.
+1cc to M/s.S.Shankar, Advocate, S.R.No.23778 +1cc to M/s.P.Balamurugan, Advocate, S.R.No.23789 Tr.C.M.P.No.75 of 2022 and C.M.P.No.1585 of 2022 PMK(CO) RGA(15/06/2022) https://hcservices.ecourts.gov.in/hcservices/