B.Kokila v. A.Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.713 of 2015 & M.P.No.1 of 2015 B.Kokila D/o.Mr.E.Baskar, Residing at 19, Katoor Road, Minjur, Thiruvallur District-601 203 ... Petitioner/Respondent Vs.

A.Venkatesan S/o.V.Arumugam, Post Office Street, Melmalaiyanur, Gingee Taluk, Villupuram District ... Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code praying to withdraw the case in H.M.O.P.No.30 of 2015 on the file of the Subordinate Judge at Gingee and to transfer the same to the Family Court at Thiruvellore or at Chennai.

For Petitioner :

Mr.C.Saravanan For Respondent :

Mrs.K.Jayakarthika for M/s.K.Kannan

O R D E R

This transfer Civil Miscellaneous Petition has been filed to transfer the H.M.O.P.No.30 of 2015 filed by the husband on the file of Sub Court, Gingee either to the Family Court, Thiruvallur or to the Family Court at Chennai. 2.

The learned counsel for the respondent submits that neither the Family Court at Thiruvallur nor the Family Court at Chennai is the Court having jurisdiction over the place in which the petitioner resides. However, the learned counsel for the respondent would submit that the respondent does have no objection for transferring the H.M.O.P to the file of one of the Family Courts at Chennai provided, a direction is issued to the transferee Court not to insist upon the personal appearance of the parties for each and every hearing, except https://hcservices.ecourts.gov.in/hcservices/

the dates on which their personal appearance is indispensable. The learned counsel for the petitioner is also aggreable for the same.

2.

In view of the said submission made on both sides, the transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.30 of 2015 pending on the file of Sub Court, Gingee is withdrawn and transfered to the file of III Additional Family Court, Chennai. The learned III Additional Family Court Judge, Chennai is directed not to insist upon the personal appearance of the parties on each and every hearing except the dates on which their personal appearance is indispensable according to the opinion of the said Judge. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn To

1. The Subordinate Court, Gingee

2. The III Additional Family Court, Chennai +1cc to Mr.K. Kannan, Advocate, S.R.No.10376 +2ccs to Mr.C. Saravanan , Advocate, S.R.No.10436 SR(CO) EU(14/03/2016) Tr.C.M.P.No.713 of 2015 & M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/