G.Kumar v. Punithavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.622 of 2021 and CMP No.15620 of 2021 G.Kumar ... Petitioner/Respondent Vs Punithavalli ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw F.C.O.P. No.243 of 2021 pending on the file of the Family Court, Vellore and transfer the same to the file of the Principal Family Court, Chennai.

For Petitioner : Mr.M.R.Thangavel for Ms.R.Mekala For Respondent : Mr.S.Ambigapathi

O R D E R

The husband seeks transfer of FCOP No.243 of 2021 pending on the file of the Family Court, Vellore to the Family Court, Chennai.

2.The transfer is sought for mainly on the ground of convenience of the husband, who is 100% blind person. According to the husband, he being completely blind, he cannot travel to Vellore for every hearing of the case since it is before the Family Court, Vellore. The request of the husband is being resisted by the wife contending that he was transfered from Chennai to Vellore in 2015, but his family remained at Chennai till 2017. For almost two years between 2015 and 2017 the husband was coming from Chennai to Vellore every day. Therefore, according to the learned counsel for the respondent wife, it may not be very difficult for the husband to travel to Vellore for every hearing of the case before the Family Court, Vellore. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the convenience of both the parties, I am of the opinion that this is a case where the matter should be tried before the Sub Court where the presence of the parties for every hearing is not required. Taking into account, the convenience of the wife, who is resident of Vellore, I am of the opinion that the proceedings could be held at the Sub Court, Ranipet, which will be a neutral venue and were the parties are not required to appear in person for every hearing.

4.Hence, the Transfer Civil Miscellaneous Petition is allowed. FCOP.No.243 of 2021 is withdrawn from the file of the Family Court, Vellore and transferred to the Sub Court, Ranipet for being disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vs To 1.The Family Court Judge, Vellore.

2.The Subordinate Court, Ranipet.

+1cc to Mr.S.Ambigapathi, Advocate Sr.64008 +1cc to M/s.R.Mekala, Advocate Sr.64532 TR CMP No.622 of 2021 and CMP No.15620 of 2021 mg[co] srg 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/