R. Suhaniya v. G. Radhakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP NO.682 OF 2021 AND C.M.P.NO.17022 OF 2021 R.Suhaniya ....

Petitioner -VsG.Radhakrishnan ....

Respondent Prayer :

Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP No.845 of 2021 from the file of District Judge, Family Court, Madurai and transfer the same to the Family Court, Chennai.

For Petitioner : Mr.C.Sivanesan For Respondent : No appearance

O R D E R

Despite service, the respondent is not appearing either in person or through counsel duly instructed.

2. The petitioner/wife seeks transfer of H.M.O.P.No.845 of 2021 on the file of Family Court, Madurai to the Family Court, Chennai. The transfer is sought for solely on the ground of convenience, as the petitioner/wife is residing at Kodungaiyur, Chennai. The respondent/husband is a resident of Madurai. No doubt, the conduct of the proceedings at Family Court, Madurai would cause inconvenience to the petitioner/wife, as she would be required to appear in person for every hearing. If the proceedings are transferred to the Family Court at Chennai, the same inconvenience would be caused to the husband. The Court cannot be oblivious to the inconvenience caused to one of the parties because of the transfer.

3. Considering the fact that the husband is a resident of Madurai and the wife is a resident of Kondungaiyur, Chennai, I https://hcservices.ecourts.gov.in/hcservices/

am of the opinion that the transfer of the proceedings to a Sub Court, where personal appearance of the parties is not required would be just and proper.

4. In view of the above, H.M.O.P.No.845 of 2021 is withdrawn from the file of the Family Court, Madurai and transferred to the file of Principal Sub-Court, Poonamallee, to be disposed of in accordance with law. Accordingly, the Tr.C.M.P.No.682 of 2021 is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To 1.The Family Court, Madurai 2.The Principal Sub Court, Poonamallee.

+1cc to Mr.C.Sivanesan, Advocate, S.R.No.6185 TR.CMP No.682 of 2021 and CMP No.17022 of 2021 PMK(CO) PM/16/02/2022 https://hcservices.ecourts.gov.in/hcservices/