Madras High CourtTR CMP/325/2021disposed of

Geetha v. Pynthamil

2021-12-01Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.CMP.No.325 of 2021 and CMP.No.7736 of 2021 Geetha ..Petitioner Vs.

Pynthamil ..Respondent Prayer: Transfer civil miscellaneous petition filed under Section 24 of C.P.C., seeking to withdraw the petition for divorce in HMOP.No.16 of 2021 pending on the file of the Additional Family Court, Coimbatore and transfer the same to the Family Court, Namakkal.

For Petitioner : Mr.S.Senthil For Respondent : M/s.B.Kumarasamy & R.Babu

O R D E R

The petitioner / wife seeks transfer of HMOP.No.16 of 2021 filed by the husband on the file of the Additional Family Court, Coimbatore to the Family Court, Namakkal. Transfer is sought for mainly on the ground of convenience, since the wife is a resident of Namakkal.

2.Considering the distance between Namakkal and Coimbatore and the fact that the petitioner wife will be required to appear before the Family Court, Coimbatore for every hearing in person, it is clear that conduct of the proceedings at Coimbatore will involve certain hardship to the petitioner. 3.Mr.B.Kumarasamy, learned counsel appearing for the respondent / husband would however, submit that if the proceedings are transferred to the Family Court, Namakkal, the https://hcservices.ecourts.gov.in/hcservices/

husband will be put to the same kind of inconvenience. In order to mitigate inconvenience that will be caused to the husband by transferring the proceedings to the Family Court, Namakkal, the proceedings could be transferred to a Sub-Court, where appearance of parties for every hearing is not mandatory. 4.Considering the above, HMOP.No.16 of 2021 is withdrawn from the file of the Additional Family Court, Coimbatore and transferred to the Sub-court, Namakkal to be tried and disposed of in accordance with law. This transfer civil miscellaneous petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar kkn To:- 1.The Additional Family Court, Coimbatore.

2.The Family Court Namakkal +1 CC to Mr.S.Senthil, Advocate sr 63594 +1 CC to Mr.B.Kumarasamy, Advocate sr 62904.

Tr.CMP.No.325 of 2021 and CMP.No.7736 of 2021 SSV(CO) SP(16/12/2021) https://hcservices.ecourts.gov.in/hcservices/