N.Swathy Priya v. M.K.Rajagopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2022
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.66 OF 2022 AND C.M.P.NO.1357 OF 2022 N.Swathy Priya ... Petitioner/Respondent Vs M.K.Rajagopal ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw and transfer the H.M.O.P.No.214 of 2021 pending on the file of the Subordinate Judge at Tambaram to Family Court at Salem. For Petitioner : Mr.T.R.Prabhakaran For Respondent : Mr.S.Madhusudanan
O R D E R
The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.214 of 2021 pending on the file of the Subordinate Court, Tambaram, filed by her husband/respondent herein for divorce to the file of the Family Court, Salem on the ground that she finds it very difficult to travel to Chennai all the way from Salem, which is about 350 kms away from Salem and her aged parents are also not in a position to accompany her. Further, she has to take care of her minor children.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3. The learned counsel for the respondent, on instructions, would submit that the respondent has no objection for the said transfer.
4. Considering the above factors, the proceedings pending on https://hcservices.ecourts.gov.in/hcservices/
the file of the Sub-Court, Tambaram in H.M.O.P.No.214 of 2021 is withdrawn and transferred to the file of the Family Court, Salem. The learned Judge, to whom H.M.O.P.No.214 of 2021 is assigned, is directed not to insist upon the appearance of the respondent-husband for every hearing, except for attending counselling and for adducing evidence.
5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed.
No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar srn To
1. The Judge, Family Court, Salem.
2. The Subordinate Judge, Tambaram.
+1cc to Mr.S.Madhusudhand, Advocate, S.R.No.27564 [28/04/2022] Tr.C.M.P.No.66 of 2022 and C.M.P.No.1357 of 2022 GJ(CO) RLP(20/04/2022) https://hcservices.ecourts.gov.in/hcservices/