N.Agnipriya v. V. Hariprasath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.656 of 2021 and CMP No.16415 of 2021 N.Agnipriya ... Petitioner/Respondent Vs V.Hariprasath ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw the Restitution of conjugal rights petition pending HMOP No.1079 of 2020 on the file of the Family Court, Tirupur and transfer the same to the file of the Family Court, Coimbatore.

For Petitioner : Mr.A.Saranraj For Respondent : Notice served

O R D E R

The wife seeks transfer of HMOP No.1079 of 2020 on the file of the Family Court, Tirupur to the Family Court, Coimbatore.

2. The transfer is sought for only on the ground of convenience, since the wife is resident of Pollachi. It is claimed in the affidavit filed in support of the application that she would not be in a position to prosecute the case diligently, if the proceedings are conducted in the Family Court, Tiruppur. The husband is a resident of Tiruppur. If the proceedings are transferred to Family Court, Coimbatore, which requires his presence for every hearing, undoubtedly, he would be put to more inconvenience than the wife.

3. Considering the same, the HMOP is transfered to the Sub Court, Pollachi. The hardship cause to the parties will be mitigated as they will not be forced to appear for every hearing https://hcservices.ecourts.gov.in/hcservices/

before the Sub Court. Therefore, the proceedings in HMOP.No.1079 of 2020 is withdrawn from the file of the Family Court, Tiruppur and transferred to the file of Sub-Court Pollachi, to be disposed of in accordance with law. The Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vs To 1.The Family Court, Tirupur.

2.The Sub Court, Pollachi.

+1cc to Mr.A.Saranraj, Advocate SR.No.63693 TR CMP No.656 of 2021 and CMP No.16415 of 2021 GJ(CO) GN(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/