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Madras High CourtTR CMP/470/2021disposed of

M.Divya v. G.Jawahar

2021-11-30Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP NO.470 OF 2021 AND C.M.P.NO.12534 OF 2021 M.Divya ... Petitioner .Vs.

G.Jawahar ... Respondent PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.45 of 2021 on the file of the Family Court, Krishnagiri and transfer the same to Sub Court, Mettur. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.J.Pradeep

O R D E R

The petitioner/wife seeks transfer of HMOP No.45 of 2021 on the file of the Family Court, Krishnagiri to the Sub Court, Mettur.

2. The transfer is sought for solely on the ground of convenience of the wife who is a resident of Mettur in Salem.

3. The learned counsel for the respondent/husband would submit that both the husband and wife are working at Bangalore, therefore, Krishnagiri will be more convenient location for both of them to conduct the proceedings.

4. The learned counsel for the petitioner/wife would submit that the wife is not working and she is staying at Mettur in Salem District. She has one year old male child and therefore it https://hcservices.ecourts.gov.in/hcservices/

would be very difficult for her to attend the hearing at Family Court, Krishnagiri.

5. Considering the convenience of the wife, the distance between Mettur and Bangalore where the husband is shown to be residing, and the fact that the wife has to take care of the one year child, I am of the opinion that the proceedings could be conducted before the Sub Court where the presence of the parties is not required for every hearing.

6. In view of the above, HMOP No.45 of 2021 is withdrawn from the file of the Family Court, Krishnagiri and transferred to the file of the Sub Court, Mettur to be disposed of in accordance with law. The Transfer CMP is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vum To 1.

The Family Court, Krishnagiri.

2.

The Sub Court, Mettur.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.62347 TR.CMP.NO.470 OF 2021 AND C.M.P.NO.12534 OF 2021 NK(CO) PBS/11/01/2022 https://hcservices.ecourts.gov.in/hcservices/