P. Kavitha v. R. Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Tr.C.M.P. No.304 of 2021 and C.M.P. No.7501 of 2021 Kavitha ... Petitioner

Versus

R.Balaji .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P. No.185 of 2021 on the file of the Court of the VI Additional Family Court, Chennai and transfer the same to Sub Court, Tindivanam. For Petitioner : Mr. N.Mahendra Babu For Respondent : Mr. P.K.Suresh Kumar

O R D E R

This petition is filed to withdraw the H.M.O.P. No.185 of 2021 from the file of VI Additional Family Court, Chennai and transfer the same to Sub Court, Tindivanam.

2. The petitioner is the wife. The marriage between the petitioner and the respondent husband was solemnized on 30.11.2015 at Thirukovilur Andavar Thirumana Mandapam. The respondent husband filed a divorce petition in H.M.O.P. No.185 of 2021 before the VI Additional Court, Chennai. The petitioner is the resident of Tindivanam and therefore, she seeks withdrawal and transfer of case purely on the ground of convenience.

3. In a petition filed by the husband for divorce, the convenience of wife is relevant. Learned counsel appearing for the respondent submitted that the respondent agrees for transfer of proceedings from Family Court, Chennai to Family Court, Chengalpattu. He further submitted that the respondent agrees to bear the expenses of petitioner wife for each hearing at Family Court, Chengalpattu.

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4. Considering the submissions of the learned counsel appearing on either side, this Court is inclined to pass the following order:

The proceedings in H.M.O.P. No.185 of 2021 pending on the file of VI Additional Family Court, Chennai, are hereby withdrawn and transferred to Family Court, Chengalpattu. The respondent shall pay a sum of Rs.3,000/- (Rupees Three Thousand Only) to the petitioner wife for each hearing either directly or by way of Demand Draft.

5. This transfer civil miscellaneous petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. In case, the wife fails to appear for two or more consecutive hearings, it is open to the respondent to seek modification of this order for re-transfer.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bkn To 1.The VI Additional Family Court, Chennai.

2.The Family Court, Chengalpattu.

+1CC to Mr.N.Mahendra Babu, Advocate, Sr.No.32637 Tr.C.M.P. No.304 of 2021 RLD (CO) K.RK. (09.08.2021) https://hcservices.ecourts.gov.in/hcservices/