K. Asha, v. T. Tamilventhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.CMP. No.162 of 2022 and C.M.P.No.3180 of 2022 K.Asha ... Petitioner/Respondent Vs T.Tamilventhan ... Respondent/ Petitioner PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and pass an order for transferring HMOP No.1092 of 2021 filed by the respondent herein is pending on the file of the Additional Family Court, Coimbatore, to Sub Court of Alandur, Chennai.

For Petitioner :

M/s T.Pushpavathi For Respondent :

No appearance

ORDER

The respondent/wife in a petition for divorce filed by the husband on the file of the Additional Family Court, Coimbatore in H.M.O.P.No.1092 of 2021 is the petitioner before this Court. The petitioner seeks to withdraw the above proceedings pending on the file of the Additional Family Court, Coimbatore and transfer the same to the file of the Sub Court at Alandur, Chennai.

2. The petitioner's reasons for seeking transfer is on the ground that she and her son are staying in her parental house situated at Madipakkam, Chennai. The petitioner would further submit that her father is no more and her mother is in her old age, she being her only support. Therefore, it is impossible for her to travel all the way to Additional Family Court, Coimbatore to attend each and every hearing proceedings in HMOP No.1092 of https://hcservices.ecourts.gov.in/hcservices/

2021.

3. The respondent/husband though served has not entered appearance either in person or through counsel.

4. Heard the learned counsel for the petitioner/wife.

5. Considering the fact that sufficient reasons have been given by the petitioner for seeking transfer and also no prejudice would be caused to the respondent/husband since the matter is being transferred to the file of the Sub-Court where the presence of party for every hearing is not mandatory.

6. In view of the above, the Transfer Civil Miscellaneous Petition is allowed and H.MO.P.No.1092 of 2021, pending on the file of the Additional Family Court, Coimbatore, is withdrawn and transferred to the file of the Sub Court of Alandur, Chennai. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar shr To 1.The Additional Family Court, Coimbatore.

2.The Sub Court of Alandur, Chennai.

+1cc to Mr.T.Pushpavathi, Advocate SR.No.25135 Tr.CMP. No.162 of 2022 and C.M.P.No.3180 of 2022 RK(CO) CB(29/04/2022) https://hcservices.ecourts.gov.in/hcservices/