K. Rachel Hilda v. A. Celestine Antony Raj

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.71 of 2022 and C.M.P.No.1545 of 2022 K.Rachel Hilda ... Petitioner Vs A.Celestine Antony Raj ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw and transfer the case pending on the file of the Family Court, Vellore in F.C.O.P.No.396 of 2021 to the file of the Family Court, Krishnagiri.

For Petitioner : Mr.T.Ramkumar For Respondent : Mr.S.Senthil

O R D E R

The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the F.C.O.P.No.396 of 2021 pending on the file of the Family Court, Vellore, filed by the husband for dissolution of marriage and transfer the same to the file of the Family Court, Krishnagiri.

2.

The transfer is sought on the following grounds: a) The petitioner is residing at Krishnagiri taking care of her 6 months old baby.

b) It would be difficult for her to travel along with her baby to attend each of the hearing at Family Court, Vellore, as she has neither anyone to support her financially nor to accompany her to the Court.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

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

4.

The respondent-husband has filed a counter affidavit denying the averments made in the petition.

5.

Taking into consideration the facts and circumstances of the case and looking into the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.396 of 2021 pending on the file of the Family Court, Vellore shall stand withdrawn and transferred to the file of the Family Court, Krishnagiri. The learned Judge, before whom F.C.O.P.No.396 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.

No costs.

Consequently, connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar srn To

1. The Judge, Family Court, Vellore.

2. The Judge, Family Court, Krishnagiri.

+1cc to Mr.T.Ramkumar, Advocate, S.R.No.24384 Tr.C.M.P.No.71 of 2022 and C.M.P.No.1545 of 2022 GPL(CO) CT 25/04/2022 https://hcservices.ecourts.gov.in/hcservices/