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Madras High CourtTR CMP/641/2021allowed

S.Vijayalakshmi v. Arjun V. Balaji

2021-12-14Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP.NO.641 OF 2021 AND CMP.NO.16115 OF 2021 S.Vijayalakshmi

...Petitioner / Respondent

Vs.

Arjun V.Balaji

...Respondent / Petitioner

Prayer : Transfer civil miscellaneous petition filed under Section 24 of CPC, seeking to withdraw HMOP.No.1197 of 2021pending on the file of the Principal Family Court at Coimbatore to the Family Court at Chennai.

For Petitioner :

Mr.R.Balachandran For Respondent :

No Appearance

O R D E R

The wife seeks transfer of HMOP.No.1197 of 2021 pending on the file of the Principal Family Court, Coimbatore to any of the Family Court at Chennai. Transfer is sought for solely on the ground of convenience, since the wife is a resident of Velachery near Chennai. The respondent though served, is not appearing either in person or through counsel, duly instructed. 2.It appears that the Vakalat filed by the counsel has been returned and the same has not been re-presented. The name of the counsel, whose Vakalat has been returned, is also printed in the cause list. He is not present either in person or virtually. 3.Considering the fact that the wife is a resident of Velachery near Chennai and inconvenience that would be caused to the husband if the procedings are transferred to the Family Court at Chennai as he will be required to appear in person for every hearing, I am of the opinion that the HMOP could be transferred to a Sub-Court, where the appearance of the parties is not required and the inconvenience caused to the parties will be reduced.

https://hcservices.ecourts.gov.in/hcservices/

4.In view of the above, this transfer civil miscellaneous petition is allowed, HMOP.No.1197 of 2021 is withdrawn from the file of the Principal Family Court, Coimbatore and transferred to the Sub-Court, Alandur to be tried and disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar kkn To:- 1.The Judge, Principal Family Court, Coimabatore.

2.The Sub Judge, Alandur.

+1cc to Mr.N.Istiq Ahmed, Advocate SR.No.66844 Tr.CMP.No.641 of 2021 and CMP.No.16115 of 2021 AK-II(CO) RVM(21/12/2021) https://hcservices.ecourts.gov.in/hcservices/