Madras High CourtTR CMP/867/2014ordered

K.L. Indira Gandhi v. A. Balaji

2017-02-21Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.867 of 2014 and M.P.No.1 of 2014 K.L.Indira Gandhi .. Petitioner Vs.

A.Balaji .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw the case in O.P.No.62 of 2014 on the file of the Principal Subordinate Court, Krishnagiri and transfer the same to the file of the Family Court, Sivagangai.

For petitioner : Mr.G.Nirmal Krishnan For respondent : Notice served - No appearance

ORDER

The respondent-husband filed H.M.O.P.No.62 of 2014 for dissolution of the marriage between the petitioner-wife and himself, before the Principal Sub-Court, Krishnagiri. It is the grievance of the petitioner-wife that since she is now residing with her parents, her parents are not able to monetarily support her. The distance between Sivagangai and Krishnagiri is about 500 Kms. (to and fro). She is unable to bear the travelling expenses and finding it difficult to travel to Krishnagiri leaving the children with her aged parents at Sivagangai. She states that it would be better for her if the said case is transferred to Sivagangai. The petitioner also alleges medical problems in attending the hearings at Krishnagiri. She further states that she is unable to engage an Advocate in Krishnagiri.

In order to avoid conflict of decisions, multiplicity of proceedings and to save the Court's time, and as in the Transfer cases, the convenience of the wife should be given preference for attending her case hearings and also taking into consideration the above facts and the grievances expressed by the petitioner, the Tr.C.M.P. is ordered, and H.M.O.P.No.62 of 2014 pending on the file of the Principal Sub-Court, Krishnagiri, shall stand withdrawn and https://hcservices.ecourts.gov.

transferred to the file of Family Court, Sivagangai. No costs. The Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cs Copy to

1. The Principal Sub-Judge, Krishnagiri.

2. The Judge, Family Court, Sivagangai.

+1cc to Mr.Nirmal, Advocate, S.R.No.11209 AK(CO) RS(06/03/2017) Tr.C.M.P.No.867 of 2014 https://hcservices.ecourts.gov.in/hcservices/