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Madras High CourtTR CMP/489/2021allowed

M. Monica v. M. Vinoth Kumar

2021-11-23Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.CMP.No.489 of 2021 and CMP.No.13240 of 2021 M.Monica ..Petitioner Vs.

M.Vinoth Kumar ..Respondent Prayer:

Transfer civil miscellaneous petition filed under Section 24 of C.P.C., seeking to withdraw HMOP.No.51 of 2021 pending on the file of the Family Court at Karaikal and transfer the same to the Family court at Nagapattinam. For Petitioner : Mr.M.Premkumar for Mr.M.K.Subramanian For Respondent : Mrs.V.Usha Rani

O R D E R

The petitioner / wife seeks transfer of HMOP.No.51 of 2021 pending on the file of the Family Court, Karaikal to the Family Court, Nagapattinam. Transfer is sought for mainly on the ground of convenience.

2.No doubt, Karaikal is only about 25 Kilometres away from Nagapattinam but, the learned counsel appearing for the petitioner / wife would submit that she was subjected to cruelty and a Domestic Violence case is also pending and therefore, she is apprehensive of attending a hearing at Karaikal, which is the native place of the husband. I see some substance in the submission of the learned counsel.

3.Considering the convenience of the wife and the apprehension expressed by her, this transfer civil miscellaneous petition is allowed, HMOP.No.51 of 2021 on the file of the https://hcservices.ecourts.gov.in/hcservices/

Family Court, Karaikal is withdrawn and transferred to the file of the Family Court, Nagapattinam to be tried and disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar kkn To:- 1.The Family Court, Karaikal 2.The Family Court, Nagapattinam.

+1cc to Mr.M.K.Subramanian, Advocate SR.No.60493 Tr.CMP.No.489 of 2021 and CMP.No.13240 of 2021 PM(CO) GMY(03/12/2021) https://hcservices.ecourts.gov.in/hcservices/