K. Vanisri v. B. Prabhakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr. CMP.No.480 of 2021 and CMP.No.12754 of 2021 K.Vanisri

...Petitioner

Vs.

B.Prabhakaran

...Respondent

Prayer: Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure, seeking to withdraw HMOP No.53 of 2019 on the file of Sub Court, Tittakudi, Cuddalore District and transfer the same to the I Additional Principal Family Court, Chennai.

For Petitioner : Mr.R.Ravichandran For Respondent : No appearance

O R D E R

The wife seeks transfer of HMOP No.53 of 2019 filed by the husband at Sub Court, Tittakudi, Cuddalore to the Family Court, Chennai. Transfer is sought for on the ground of convenience as well as on the ground that the maintenance case in MC No.282 of 2021 filed by the wife is pending on the file of the I Additional Family Court, Chennai.

2. Despite service, the respondent/husband is not appearing either in person or through counsel, duly instructed.

3. It is seen from the records that the husband/respondent is the resident of Vaagaiyoor Village of Tittakudi Taluk in Cuddalore District. If HMOP is transferred to Family Court at Chennai, the husband would be forced to appear for every hearing in person which will cause hardship to the husband. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the convenience of the parties and in view of that the wife is the resident of Ooteri near Chennai, HMOP No.53 of 2019 on the file of Sub Court, Tittakudi, Cuddalore can be transferred to Sub-Court, Alandur, where the parties are not required to appear in person for every hearing. This will surely reduce the inconvenience that would cause to the parties because of the transfer.

5.In fine, HMOP No.53 of 2019 on the file of Sub Court, Tittakudi, Cuddalore is withdrawn and transferred to the SubCourt, Alandur to be tried and disposed of in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR jv To:- 1.The Sub Court, Tittakudi, Cuddalore District.

2.The Sub-Court, Alandur.

+1cc to Mr.R.Ravichandran, Advocate Sr.64970 Tr. CMP.No.480 of 2021 and CMP.No.12754 of 2021 ss[co] srg 23/12/2021 https://hcservices.ecourts.gov.in/hcservices/