Madras High CourtTR CMP/4/2022allowed

P. Deepika v. V .Palpandian

2022-02-28Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA TR.CMP. NO.4 OF 2022 AND C.M.P.NO.217 OF 2022 P.Deepika ... Petitioner/Respondent.

Vs V.Palpandian ... Respondent/Petitioner.

PRAYER:

Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the case in HMOP No.170 of 2021 on the file of Learned Principal Subordinate Judge Srivilliputhur and transfer the same to the file of learned Family Court, Salem. For Petitioner : Mr.J.Hariharan For Respondent : Mr.V.Chandhrakanthan

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P. No.170 of 2021 filed by the husband on the file of the Principal Subordinate Judge Srivilliputhur to the file of the Family Court at Salem.

2. The respondent/ husband who has entered appearance has no objection for the transfer being made except his presence may be dispensed with for all hearings except for attending the counselling sessions and for adducing evidence.

3. Since the matter is now being transferred from Sub Court to Family Court where the presence of parties is a must, accepting the above contentions of the respondent this Court is allowing the Transfer Civil Miscellaneous Petition in and by https://hcservices.ecourts.gov.in/hcservices/

which H.M.O.P.No.170 of 2021 pending on the file of the Principal Subordinate Judge, Srivilliputhur withdrawn and transferred to the file of the Family Court at Salem. The Family Court, Salem shall not insist upon the presence of the petitioner except for attending the counselling sessions and for adducing evidences.

4. With the above direction, Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.170 of 2021, pending on the file of the Principal Subordinate Judge Srivilliputhur, is withdrawn and transferred to the file of the Family Court, Salem. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar shr To

1. The Principal Subordinate Judge, The Principal Sub Court, Srivilliputhur.

2. The Judge, The Family Court, Salem.

+1cc to Mr.K.V.Law Firm, Advocate, S.R.No.13005 Tr.CMP. No.4 of 2022 and C.M.P.No.217 of 2022 MT(CO) PM/25/03/2022 https://hcservices.ecourts.gov.in/hcservices/