T.Indhoo v. P.Shandipsabapathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.614 of 2021 and CMP No.15429 of 2021 T.Indhoo ... Petitioner/Respondent Vs P.Shandipsabapathy ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw the HMOP No.424 of 2021, pending on the file of the Additional Family Court, Coimbatore and transfer the same to the file of the Family Court, Erode to try along with FCOP No.143 of 2021.

For Petitioner : Mr.B.Vetrivel For Respondent : Mr.V.P.Sengottuvel

O R D E R

The wife seeks transfer of proceedings in HMOP No.424 of 2021, pending on the file of the Additional Family Court, Coimbatore to the Family Court, Erode where her petition in FCOP No.143 of 2021 seeking restitution of conjugal rights, is pending.

2. The transfer is sought for mainly on the ground of convenience since the wife is a resident of Karungalpalayam near Erode.

3. Mr.V.P.Sengottuvel, learned counsel appearing for the respondent/husband would submit that the husband is a resident of Anaimalai Taluk in Coimbatore District. It would be very difficult for him to appear for every hearing, if the proceedings are transferred to Family Court, Erode.

4. Considering the convenience of the parties, I am of the considered opinion that both the petitions could be https://hcservices.ecourts.gov.in/hcservices/

transferred to the Sub Court, where the presence of the parties is not required for every hearing. The above Course would be convenient to both the parties. Hence, HMOP No.424 of 2021 and FCOP No.143 of 2021 on the file of the Additional Family Court, Coimbatore and Family Court, Erode respectively are withdrawn and transferred to the Principal Sub Court, Erode to be tried and disposed of in accordance with law. This Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar vum To

1. The Additional Family Judge, Coimbatore.

2.The Family Judge, Erode.

3. The Principal Subordinate Judge, Erode.

Copy To The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.V.P.Sengottuvel, Advocate SR.No.59740 TR CMP No.614 of 2021 and CMP No.15429 of 2021 MG(CO) GMY(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/