Maria Nisha v. Vinod Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.99 of 2021 and CMP No.3339 of 2021 Maria Nisha ... Petitioner Vs Vinod Kumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw and transfer IDOP No.36 of 2020 pending on the file of the District Court, Nilgris at Ootacamund to the file of the District Court, Thanjavur.

For Petitioner : Mr.M.V.Venkataseshan For Respondent : Mr.K.Pawan Jhabakh

O R D E R

The wife seeks transfer of IDOP No.36 of 2020 filed by the husband on the file of the District Court, Nilgris at Ootacamund to the District Court, Thanjavur.

2. The transfer is sought for solely on the ground of convenience of the wife who is a resident of Thanjavur. The fact that the wife is a resident of Thanjavur is admitted by the husband in as much as the address of service in the original petition in IDOP No.36 of 2020 is given as at Thanjavur. The husband would contend that he is working in IT Sector at Bangalore and it would be very difficult for him to appear in person for every hearing, if the IDOP is transferred to the District Court, Tanjavur.

3. Considering the convenience of the wife and the fact that the husband is working at Bangalore , I am of the opinion that the OP could be transferred to the Principal District Court, Thanjavur, where the personal appearance of the parties https://hcservices.ecourts.gov.in/hcservices/

is not required for every hearing. The inconvenience caused to the husband will be greatly reduced.

4. In view of the above, IDOP No.36 of 2020 pending on the file of the District Court, Nilgris at Ootacamund is withdrawn and transferred to the Principal District Court, Thanjavur to be tried and disposed of in accordance with law. The above Course would be convenient to both the parties. The Transfer Civil Miscellaneous Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar vum To 1.The District Judge, Nilgris at Ootacamund.

2. The Principal District Judge, Thanjavur.

+1cc to Mr.M.V.Venkataseshan, Advocate SR.No.62154 +1cc to Mr.G.Kumudjhabakh, Advocate SR.No.61832 TR CMP No.99 of 2021 and CMP No.3339 of 2021 VSN II(CO) GMY(13/12/2021) https://hcservices.ecourts.gov.in/hcservices/