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Madras High CourtTR CMP/261/2021allowed

B.Geetha v. K.Guganathan

2022-04-20Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.261 of 2021 & C.M.P.No.6989 of 2021 B.Geetha ... Petitioner Vs K.Guganathan ... Respondent Prayer: The petition is filed under Section 24 of the Code of Civil Procedure to withdraw and transfer H.M.O.P.No.1287 of 2020 on the file of the Family Court, Coimbatore to the Family Court, Trichy and jointly conduct the trial along with M.C.No.10 of 2021 filed by the petitioner before the Family Court at Trichy. For Petitioner :

Mr.M.Rajendiran for Mr.N.Nithianandam For Respondent :

No Appearance

ORDER

The above petition has been filed by the wife seeking transfer of H.M.O.P.No.1287 of 2020, filed by the husband seeking divorce on the file of the Family Court, Coimbatore to the file of the Family Court, Trichy to be tried along with M.C.No.10 of 2021 filed by the petitioner seeking maintenance.

2. The petitioner wife would submit that she is residing with her aged parents along with her minor son at Trichy. The petitioner would state that she has to travel 250 Kms to attend the hearing at the Family Court, Coimbatore. The petitioner would submit that she has no one to accompany her to attend the hearing at the Family Court, Coimbatore. The petitioner would further submit that she has to spend around Rs.3,000/- for each hearing, which again is a great burden to her and her aged parents.

3. It is the case of the petitioner that she has filed a maintenance case in M.C.No.10 of 2021 before the Family Court, Trichy. Therefore, the petition in H.M.O.P.No.1287 of 2020 may https://hcservices.ecourts.gov.in/hcservices/

be transferred to the file of the Family Court, Trichy to be tried along with M.C.No.10 of 2021.

4. The respondent though served has not entered appearance.

5. Considering the fact that the petitioner is residing at Trichy and also taking into account the fact that the petition filed by the wife in M.C.No.10 of 2021 is pending before the Family Court, Trichy, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.1287 of 2020, filed by the husband seeking divorce on the file of the Family Court, Coimbatore is withdrawn and transferred to the file of the Family Court, Trichy to be tried along with M.C.No.10 of 2021. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar kan To

1. The Judge, Family Court,Coimbatore.

2. The Judge, Family Court, Trichy.

+1cc to Mr.N.Nithianandam, Advocate, S.R.No.26891 Tr.C.M.P.No.261 of 2021 PM[co] NSK 11/05/2022 https://hcservices.ecourts.gov.in/hcservices/