Rasathy v. Viswanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.No.193 of 2021 and CMP.No.5704 of 2021 Rasathy

...Petitioner

-vsViswanathan

...Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in FCOP.No.09 of 2021 from the file of Family Court, Namakkal and to transfer the same to the Family Court, Perambalur.

For Petitioner : Mr.D.Arun For Respondent : No appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the petition in FCOP.No.09 of 2021 from the file of Family Court, Namakkal and to transfer the same to the Family Court, Perambalur.

2. The respondent/husband has filed FCOP.No.09 of 2021 before the Family Court, Namakkal, for divorce.

3. The learned counsel for the petitioner/wife submitted that the petitioner is residing at Perambalur which is nearly 160 kms from Namakkal and she is having a 21⁄2 years old male child. In such circumstances, it is difficult for the petitioner to travel from Perambalur to Namakkal for attending the Court hearing in FCOP.No.09 of 2021. Hence, she seeks to transfer the case from the file of Family Court, Namakkal, to the Family Court, Perambalur.

4. No representation for the respondent.

5. This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

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6. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, FCOP.No.09 of 2021 is withdrawn from the Family Court, Namakkal and transferred to the file of the Family Court, Perambalur for disposal as per law. The learned Family Court Judge, Namakkal, is directed to transmit the papers to the file of the Family Court, Perambalur, forthwith. The learned Family Court Judge, Perambalur, is directed to dispose of the proceedings in FCOP.No.09 of 2021 on merits and in accordance with law as expeditiously as possible.

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

s/d- Assistant Registrar True Copy Sub-Assistant Registrar gv To:

1. The Judge, The Family Court, Namakkal

2. The Judge, The Family Court, Perambalur.

Tr.C.M.P.No.193 of 2021 and CMP.No.5704 of 2021 SS(CO) SP(19/08/2021) https://hcservices.ecourts.gov.in/hcservices/