K.Selvi v. Muthupandi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.140 of 2021 and CMP No.4228 of 2021 K.Selvi ... Petitioner Vs Muthupandi ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw *HMOP No.1728 of 2021 from the file of the Sub Court, Alandur and transfer the same to the Family Court, Tirunelveli. For Petitioner : Ms.Archanan Mohan for Mr.V.Vadivalagia nambi For Respondent : Mr.Swarnam J. Rajagopalan

O R D E R

The petitioner, wife seeks transfer of proceedings in *HMOP No.1728 of 2021 pending on the file of the Sub Court, Alandur to the Family Court, Tirunelveli.

2. The transfer is sought for solely on the ground of convenience. The wife is admittedly a resident of Ponnakudi in Tirunelveli District. The husband lives in Chennai.

3. Ms.Archana Mohan, learned counsel appearing for the petitioner would submit that traveling to Alandur which is about 800 km from Tirunelveli for every hearing, would be very difficult for the petitioner and she will be put to great prejudice if the proceedings are to go on at Alandur.

4. Mr.Swarnam.J.Rajagopalan, learned counsel appearing for the respondent would submit that if the proceedings are transferred to the Family Court, the respondent would be put to great hardship as he would have to appear for every hearing. Hence, I am of the considered opinion that it will be in the interest of the parties to have the matter at the Principal Sub Court, Tirunelveli, so that the parties can engage a counsel and appear only for essential hearings.

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5. In view of the above, the proceedings in *HMOP No.1728 of 2021 on the file of the Sub Court, Alandur are withdrawn and transferred to the Principal Sub Court, Tirunelveli to be disposed of in accordance with law. This Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) *Corrected order as per order of this Court dated 01.12.2021 made herein.

-s/dAssistant Registrar(CS VI) dated 16.12.2021 //True Copy// Sub Assistant Registrar vum To

1. The Subordinate Judge, Alandur.

2.The Principal Subordinate Judge, Tirunelveli.

+1 cc to Mr.V.Vadivalagia nambi, Advocate Sr.NO. 58651 TR CMP No.140 of 2021 and CMP No.4228 of 2021 PCH(CO) A.SK(17.12.2021) https://hcservices.ecourts.gov.in/hcservices/