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Madras High CourtTR CMP/255/2021allowed

S.Tamilselvi v. V.Balaji

2021-11-09Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.255 of 2021 and CMP No.6933 of 2021 S.Tamilselvi ... Petitioner Vs V.Balaji ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw the proceedings in HMOP No.2508 of 2020 from the file of the I Additional Family Court, Chennai and transfer the same to the file of the Sub Court, Cheyyar, Thiruvannamali District. For Petitioner : Mr.K.G.Senthilkumar For Respondent : Mr.M.Rajasekaran

O R D E R

The wife seeks transfer of proceedings in HMOP No.2508 of 2020 filed by the husband in I Additional Family Court, Chennai seeking restitution of conjugal rights.

2. The transfer is sought for mainly on the ground of convenience of the wife. The wife is admittedly a resident of Vandavasi Taluk in Thiruvnnnamalai District which falls within the jurisdiction of the Sub Court, Cheyyar. The distance between Chennai and Cheyyar is about 120 kms and for the proceedings in Chennai, the wife will have to travel from Cheyyar to Chennai on every hearing. On the other hand, if the proceedings are to be conducted before the Sub Court, Cheyyar, the husband can engage a counsel and he can appear only for the essential hearings namely to let in evidence. I therefore find it will be more convenient to the parties to have the proceedings conducted before the Sub Court, Cheyyar instead of I Additional Family Court, Chennai.

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3. Accepting the request of the wife, the proceedings in HMOP No.2508 of 2020 are withdrawn from the file of the I Additional Family Court, Chennai and transferred to the Sub Court, Cheyyar to be tried and disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vum To

1. The I Additional Family Court, Chennai.

2. The Sub Court, Cheyyar, Thiruvannamali District.

+1CC to Mr.K.G.Senthilkumar, Advocate, Sr.No.57742 +1CC to Mr.M.Rajasekaran, Advocate, Sr.No.57744 TR CMP No.255 of 2021 and CMP No.6933 of 2021 RSV (CO) K.RK. (26.11.2021) https://hcservices.ecourts.gov.in/hcservices/