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Madras High CourtTR CMP/686/2021allowed

S.Gayathri v. Selvam Alias B.Ellappan

2022-03-24Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA TR.C.M.P.NO.686 OF 2021 AND C.M.P.NO.17045 OF 2021 S.Gayathri ... Petitioner/Respondent -VsSelvam @ B.Ellappan ... Respondent/Petitioner PRAYER:

Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.1015 of 2021 on the file of Principal Family Court, Coimbatore and transfer it to the file of the Subordinate Court, Vedasenthoor.

For Petitioner :

Mr.R.Vivekandandan for Mr.R.Subramanian For Respondent : Mr.K.Govi Ganesan

ORDER

The wife has filed the Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.1015 of 2021 filed by the husband for divorce on the file of the Principal Subordinate Court, Coimbatore to the Subordinate Court, Vedasenthoor. 2.The learned counsel appearing for the respondent has no objection but, however, contended that since the matter is now being transferred to the Subordinate Court and as the presence of party is mandatory this would cause hardship to the respondent/husband who would have to travel to Vedasenthoor for every hearing.

Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings in H.M.O.P.No.1015 of 2021 on the file of the Principal Family Court, Coimbatore and transferred to the file of the Subordinate https://hcservices.ecourts.gov.in/hcservices/

Court, Vedasenthoor, subject to the condition that the Subordinate Court, Vedasenthoor, shall not insist on the presence of the respondent/husband for every hearing except for attending the counselling session and for adducing evidence. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mps To 1.

The Principal Judge, Family Court, Coimbatore.

2.

The Subordinate Judge, Vedasenthoor.

+1cc to Mr.R.Subramanian, Advocate, S.R.No.20056 +1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.20093 Tr.C.M.P.No.686 of 2021 and C.M.P.No.17045 of 2021 MT(CO) PM/19/05/2022 https://hcservices.ecourts.gov.in/hcservices/