M.Prabha v. D.Gopalakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 23.08.2018 PRONOUNCED ON : 29.08.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN Transfer CMP.No.603 of 2018 and CMP.No.14529 of 2018 M.Prabha

...Petitioner/Respondent

Vs.

D.Gopalakrishnan

...Respondent/Petitioner

Prayer :- Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC to withdrawn the petition in HMOP.No.49 of 2018 on the file of the Subordinate Court, Mettupalaiyam, Coimbatore District and transfer the same to the file of the Subordinate Court, Tiruppur District.

For Petitioner : Mr.P.S.Kothandaraman

ORDER

The petitioner is the wife. The respondent is the husband. 2.The respondent has levied divorce proceeding against the petitioner in HMOP No.49 of 2018 and the same is pending on the file of the Subordinate Court, Mettupalayam.

3.The petitioner is a resident of Tiruppur District. Putting forth the case that the distance between Tiruppur and Mettupalayam is on the higher side and the petitioner has got certain hardship and inconvenience in attending the proceeding at Mettupalayam Court, the transfer petition has come to be laid by the petitioner. However, considering the nature of the proceeding between the parties, it is seen that the petitioner's presence may not be required on all the hearings dates at Mettupalayam Court. The petitioner's presence would be required, at the most, only at the time, when her evidence is to be recorded in support of her case.

When the petitioner is found to be represented an able advocate, it is seen that the concerned advocate would be able to manage the show as per the instructions received from the petitioner now and then in respect of the proceeding at Mettupalayam Court. That apart, the distance between Tiruppur and Mettupalayam is found to be not on the higher side. In such view of the matter, I am unable to find a substantial cause in effecting the transfer https://hcservices.ecourts.gov.

request prayed for by the petitioner.

In conclusion, the Transfer Miscellaneous Petition does not merit acceptance. Accordingly, the same is dismissed. Consequently, connected CMP.No.14529 of 2018 is also dismissed. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar sms To 1.The Subordinate Court, Mettupalayam, Coimbatore District. +1 CC to Mr.P.S.Kothandaraman, Advocate sr 59099. Transfer CMP.No.603 of 2018 and CMP.No.14529 of 2018 SR(CO) SP(11/09/2018) https://hcservices.ecourts.gov.in/hcservices/