T.Anushasree v. R.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.98 of 2022 & C.M.P.No.1854 of 2022 T.Anushasree

...Petitioner

Vs R.Balaji

...Respondent

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.195 of 2021 on the file of the Hon'ble Principal Family Court, Coimbatore and transfer the same to the Hon'ble Sub-Court, Bavani.

For Petitioner :

Mr.M.Ravindhar For Respondent :

Mr.V.Nicholas

ORDER

The above petition is filed by the wife seeking transfer of H.M.O.P.No.195 of 2021, filed by the husband for divorce on the file of the Principal Family Court, Coimbatore to the file of the Sub-Court, Bavani.

2. The petitioner wife would submit that she is residing with her parents at Erode. The petitioner would state that she has to travel nearly 150 Kms to attend the hearing. The petitioner would further submit that she has to spend huge amount for travelling and she has to take the assistance of her father, who is physically challenged and her mother who is unwell to attend the hearing.

3. Heard the learned counsel and perused the records.

4. Though the petitioner has sought for a transfer to the Subordinate Court, Bavani, the respondent's counsel would submit that the petitioner is residing at Erode and therefore the https://hcservices.ecourts.gov.in/hcservices/

matter may be transferred to the Family Court, Erode. The learned counsel for the petitioner would fairly concede that the petitioner is residing at Erode and has no objection to the matter being transferred to the Family Court, Erode.

5. Accordingly, the Transfer Civil Civil Miscellaneous Petition is allowed. H.M.O.P.No.195 of 2021 pending on the file of the Principal Family Court, Coimbatore is withdrawn and transferred to the file of the Family Court, Erode. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

6. Considering the fact that the petitioner has to take care of her father, who is physically challenged and the mother who is unwell, her presence for all ineffective hearing is dispensed with except for attending counselling and for adducing evidence.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar kan To 1.The Principal Family Court, Coimbatore.

2.The Family Court, Erode.

+1cc to Mr.M.Ravindhar, Advocate SR. No.22077 +1cc to Mr.V.Nicholas, Advocate SR. No. 22310 Tr.C.M.P.No.98 of 2022 SMI (CO) PR (12/05/2022) https://hcservices.ecourts.gov.in/hcservices/