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Madras High CourtTR CMP/112/2021allowed

K.Kavitha v. Manikandan

2022-04-05Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.112 OF 2021 AND C.M.P.NO.3632 OF 2021 K.Kavitha ... Petitioner/Respondent -VsManikanadan ... Respondent/Petitioner PRAYER:- Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.485 of 2019 on the file of Principal Judge, Family Court, Coimbatore, and transfer it to the file of the Family Court, Krishnagiri.

For Petitioner :

Mr.G.Anbuchezhiyan For Respondent :

Mr.S.Ramesh Kumar

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.485 of 2019 filed by the husband for judicial separation before the learned Principal Judge, Family Court, Coimbatore, to the file of the Family Court, Krishnagiri.

2. The learned counsel for the petitioner would submit that the respondent/husband is working at Dubai. He would submit that the very O.P. has been filed for judicial separation and on several occasions, the respondent/husband has not been appearing and the matter was being continuously adjourned for his appearance. Further, the mediation attempts have also failed. In these circumstances, it would not be fair to the wife who is residing at Krishnagiri to travel to Coimbatore for every hearing since her presence is mandatory. Therefore, this https://hcservices.ecourts.gov.in/hcservices/

Transfer Civil Miscellaneous Petition is allowed.

H.M.O.P.No.485 of 2019 pending on the file of the learned Principal Judge, Family Court, Coimbatore, is withdrawn and transferred to the file of the Family Court, Krishnagiri. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mps To 1.

The Principal Judge, The Family Court, Coimbatore.

2.

The Judge, The Family Court, Krishnagiri.

+1cc to Mr.G.Anbuchezhiyan, Advocate, S.R.No.23736 TR.C.M.P.NO.112 OF 2021 AND C.M.P.NO.3632 OF 2021 PL(CO) PBS/13/06/2022 https://hcservices.ecourts.gov.in/hcservices/