D.J.Joe Amala Christy v. R.Franklin Lessly

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.585 of 2021 D.J.Joe Amala Christy

...Petitioner

Vs R.Franklin Lessly

...Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw and transfer of the IDOP No.3313 of 2021 on the file of the Family Court, Chennai to the Family Court, Nagercoil. For Petitioner : Mr.N.Nithianandam For Respondent : No appearance

O R D E R

Since the counsel for the respondent was absent on 30.11.2021, the matter was directed to be posted today. Even today, the counsel for the respondent absent.

2. The petitioner/wife seeks transfer of proceedings in IDOP No.3313 of 2021 from the file of the Family Court, Chennai to the Family Court, Nagercoil.

3. The transfer is sought for solely on the ground of convenience of the wife who is a resident of Melaramanputhur, Nagercoil in Kanniyakumari District. The husband is shown to be a resident of Chennai City. No doubt, the conduct of proceedings in the Family Court, Chennai would cause considerable hardship to the wife. The convenience of the husband is also to be taken into account. If the proceedings are transferred to the Family Court, Nagarcoil, it will cause considerable inconvenience to him.

4. Considering the above, I am of the opinion that the IDOP could be transferred to the Principal District Court, Kanniyakumari at Nagercoil which will mitigate difficulties that would be caused to the husband because of the transfer. In view https://hcservices.ecourts.gov.in/hcservices/

of the above, IDOP No.3313 of 2021 is withdrawn from the file of the VI Additional Family Court, Chennai and transferred to the Principal District Court, Kanniyakumari at Nagercoil to be tried and disposed of in accordance with law. The Transfer Civil Miscellaneous Petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar vum To

1. The Judge, The VI Additional Family Court, Chennai.

2. The Principal District Court, Kanniyakumari at Nagercoil.

+1cc to M/s.Nithianandam, Advocate, S.R.No.63048 TR CMP No.585 of 2021 KG(CO) RGA(14/12/2021) https://hcservices.ecourts.gov.in/hcservices/