P.Ramya v. N.Narendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.No.222 of 2021 and C.M.P.No.6264 of 2021 P.Ramya

...Petitioner

Vs.

N.Narendran

...Respondent

Prayer: This Petition filed under Section 24 of the Code of Civil Procedure seeking to withdraw the case in H.M.O.P.No.68 of 2020 pending on the file of the Family Court, Perambalur and transfer the same to the Family Court, Trichy. For Petitioner : Mr.S.Arumugam For Respondent : No appearance

O R D E R

(The case has been heard through video conference) The petitioner, being the wife of the respondent herein, has come up with the present petition seeking to transfer H.M.O.P.No.68 of 2020, filed by the respondent for divorce, which is pending on the file of the Family Court, Perambalur to the file of the Family Court, Trichy.

2. The learned counsel appearing for the petitioner submitted that the petitioner is residing in her parents house at Trichy and she finds it very difficult to travel about 90 kms from Trichy to Perambalur for attending the Court on every hearings in H.M.O.P.No.68 of 2020. Further, she also apprehend that she may be attacked by the respondent's family members if she goes to the Court at Perambalur. In these circumstances, on the ground of convenience, she seeks to transfer the case from the Family Court, Perambalur to the file of the Family Court, Trichy.

3. It is seen from the records that notice has been served on the respondent through Court on 17.04.2021 and though his name appears in the cause list, he did not appear either in person or through any counsel. Hence, this Court proceeds to pass orders on merit.

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4. It is well settled that the wife's convenience should be considered while deciding whether the matrimonial dispute should be transferred to the place of the wife. Hence, this Court is inclined to withdraw the H.M.O.P.No.68 of 2020 from the file of the Family Court, Perambalur and transfer the same to the file of the Family Court, Trichy. The learned Judge, Family Court, Perambalur is directed to transmit the papers pertaining to H.M.O.P.No.68 of 2020 to the file of the Family Court, Trichy, forthwith. The learned Judge, Family Court, Trichy, is directed to dispose of the case in H.M.O.P.No.68 of 2020 on merits and in accordance with law as expeditiously as possible.

5. The personal appearance of both parties before the Family Court, Trichy, is dispensed with, except the dates of hearing, on which, the learned Judge insisted upon the parties to appear before the Court. On other hearing dates, the counsel on behalf of the parties may appear before the Court.

6. In fine, this Transfer Civil Miscellaneous Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kk To 1.The Judge, Family Court, Perambalur.

2.The Judge, Family Court, Trichy.

+1 cc to Mr.S.Arumugam,Advocate Sr.No.39059 Tr.C.M.P.No.222 of 2021 and C.M.P.No.6264 of 2021 KV[co] NSK 31/08/2021 https://hcservices.ecourts.gov.in/hcservices/