Madras High CourtTR CMP/414/2021allowed

N.Valarmathi v. C.Murugaiyan

2021-08-25Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN TR.C.M.P.NO.414 OF 2021 AND CMP.NO.9862 OF 2021 N. Valarmathi ... Petitioner -vsC. Murugaiyan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in FCOP.No.68 of 2021 on the file of the Family Court, Erode and transfer the same to the Sub-Court, Tambaram. For Petitioner : Mr.J.Titus Enock For Respondent : Mr.Ronak Ramesh for Mr.C.E.Pratap

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in FCOP.No.68 of 2021 on the file of the Family Court, Erode and transfer the same to the Sub-Court, Tambaram.

2.The respondent/husband has filed FCOP.No.68 of 2021 before the Family Court, Erode, for dissolution of marriage.

3. The learned counsel for the petitioner/wife submitted that the petitioner is residing at Nemili Village, Sriperumbudur Taluk, Kanchipuram District, which is nearly 400 kms from Sriperumbudur to Erode and she is having a son studying in 6th Standard. In such circumstances, it is difficult for the petitioner to travel from Kanchipuram District to Erode for attending the Court hearings in FCOP.No.68 of 2021. Hence, she seeks to transfer the case to the file of Sub-Court, Tambaram.

4. The learned counsel appearing for the respondent has strongly opposed to transfer the case.

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5. Considering the facts and circumstances of the case and considering the arguments made by both sides, FCOP.No.68 of 2021 is withdrawn from the Family Court, Erode and transferred to the file of Sub-Court, Tambaram, for disposal as per law. The learned Family Court Judge, Erode, is directed to transmit the papers to the file of the Sub-Court, Tambaram, forthwith. The learned Judge, Sub-Court, Tambaram, is directed to dispose of FCOP.No.68 of 2021, on merits and in accordance with law as expeditiously as possible.

6. In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gv To:

1. The Family Court, Erode.

2. The Sub-Court, Tambaram.

+1cc to Mr.C.E.Pratap, Advocate, S.R.No.42434 Tr.C.M.P.No.414 of 2021 and CMP.No.9862 of 2021 GSM(CO) PM/28/09/2021 https://hcservices.ecourts.gov.in/hcservices/