Sangavi @ Sangamithra v. Jeevanandham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.CMP.No.479 of 2021 and CMP.Nos.12696 & 12697 of 2021 Sangavi @ Sangamithra ..Petitioner Vs.

Jeevanandham ..Respondent Prayer: Transfer civil miscellaneous petition filed under Section 24 of C.P.C., seeking to withdraw HMOP.No.104 of 2021 on the file of the Principal Sub-ordinate Court, Trichy and transfer the same to the Family Court at Salem. For Petitioner : Mr.R.Chakravarthy

O R D E R

The petitioner / wife seeks transfer of HMOP.No.104 of 2021 from the file of the Principle Sub-court, Trichy to the Family Court, Salem.

2.It is seen from the records that the notice in the transfer civil miscellaneous petition was received by the father of the respondent. The learned counsel for the petitioner would assert that the respondent has given his address as No.32, Sivaraman Nagar, No.1, Toll Gate, Trichy. The petitioner is a resident of Seelanaickenpatty in Salem District. The respondent is admittedly, a resident of Trichy. Transfer is sought for solely on the ground of convenience of the wife. 3.Though the respondent is not appearing in person in response to the notice, convenience of both the parties is taken into account. If the proceedings are transferred to the Family Court at Salem, the husband will be required to appear for every hearing and he has to travel from Trichy to Salem for every hearing.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel appearing for the petitioner would submit that he reliably learns that the husband is working at Chennai. If the statement is correct, it would be more difficult to the husband to travel nearly 400 kilometres for every hearing before the Family Court at Salem. In order to mitigate the inconvenience caused to the husband and taking into account the convenience of the wife, HMOP.No.104 of 2021 is withdrawn from the Principal Sub-Court, Trichy and transferred to the Principal Sub-Court, Salem to be tried and disposed of in accordance with law. This transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar kkn To:- 1.The Principal Sub-Court, Trichy.

2.The Principal Sub-Court, Salem.

+1 CC to Mr.R.Chakravarthy, Advocate sr 60822. Tr.CMP.No.479 of 2021 and CMP.Nos.12696 & 12697 of 2021 PA(CO) SP(03/12/2021) https://hcservices.ecourts.gov.in/hcservices/