R. Rosaline Nishanthi v. Christhu Raj M.R.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP NO.523 OF 2021 AND CMP NO.14001 OF 2021 R.Rosaline Nishanthi ... Petitioner Vs Christhu Raj M.R.

... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908 to withdraw the I.D.O.P. No.26 of 2021 on the file of the Principal District Court at Tirupur and to transfer the same to the Family Court at Chennai or other Court.

For Petitioner : Mr.P.Paulselvam For Respondent : Mr.M.Thirunavukkarasu

O R D E R

The wife seeks transfer of IDOP No.26 of 2021 on the file of the Principal District Court, Tirupur to the Family Court, Chennai.

2. The transfer is sought for solely on the ground of convenience of the wife since she is a resident of Chennai.

3. The learned counsel for the respondent / husband would plead that the transfer of IDOP to the Family Court, Chennai would cause great inconvenience and hardship to the husband as he has to appear for every hearing before the Family Court. He would also point out that he is working in a private company in Karur and if the IDOP is transferred to Chennai, the husband will have to appear for every hearing and it will be very difficult for him as he must take leave.

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4. Considering the overall circumstances, I am of the opinion that the IDOP No. 26 of 2021 could be transferred to a District Court where the appearance of the parties for every hearing is not required. The inconvenience caused to the husband by requiring him to appear before the Family Court for every hearing would also be greatly reduced.

5. In view of the above, the Transfer Civil Miscellaneous Petition is allowed. IDOP No.26 of 2021 on the file of the Principal District Court, Tirupur is withdrawn and transferred to the Principal District Court, Chengalpattu to be tried and disposed of in accordance with law. The Principal District Court, Chengalpattu is required to dispose of IDOP No.26 of 2021 within a period of one year from the date of receipt of papers from the Principal District Court, Tirupur. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar vum To

1. The Principal District Judge, Tirupur.

2. The Principal District Judge, Chengalpattu. +1cc to M/s.P.Paul Selvam, Advocate, S.R.No.60496 +1cc to Mr.R.Rajmohan, Advocate, S.R.No.60392 TR CMP No.523 of 2021 and CMP No.14001 of 2021 KG(CO) RLP(07/12/2021) https://hcservices.ecourts.gov.in/hcservices/