← Library
Madras High CourtTR CMP/654/2021disposed of

C.Divya v. A.Sathish Kumar

2021-12-01Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP.No.654 of 2021 and C.M.P.No.16388 of 2021 C.Divya ... Petitioner .Vs.

A.Sathish Kumar ... Respondent PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw the HMOP No.43 of 2021 on the file of Family Court, Nagapattinam and to transfer the same to the file of the Family Court, Trichy. For Petitioner :

Mr.T.A.Punithan For Respondent :

Notice served

O R D E R

The wife seeks transfer of HMOP No.43 of 2021 on the file of the Family Court, Nagapattinam to the Family Court, Trichy.

2. The transfer is sought for only on the ground of convenience, since the wife is resident of Trichy. The husband, though served with notice, is not appearing either in person or through counsel duly instructed. No doubt, the convenience of the wife should be looked into in matters of transfer. But, the convenience of the husband cannot be ignored. It is seen that the husband is a resident of Nagapattinam. If the HMOP is transferred to the Family Court, Trichy, the husband will have to appear for every hearing before the Family Court, which will definitely cause considerable inconvenience to him.

3. In order to mitigate the inconvenience, I am of the opinion, the HMOP pending before the Family Court, Nagapattinam https://hcservices.ecourts.gov.in/hcservices/

could be transferred to the Principal Sub Court, Trichy, so that the husband need not appear in person for every hearing. He can be represented through counsel for non-essential hearings.

4. In view of the above, HMOP.No.43 of 2021 is withdrawn from the file of the Family Court, Nagapattinam and is transferred to the Principal Sub Court, Trichy to be disposed of in accordance with law. The Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vs To 1.

The Judge, The Family Court, Nagapattinam.

2.

The Principal Subordinate Judge, Trichy.

TR.CMP.NO.654 OF 2021 AND C.M.P.NO.16388 OF 2021 GJ(CO) PBS/22/12/2021 https://hcservices.ecourts.gov.in/hcservices/