Madras High CourtTR CMP/668/2021allowed

K.Vijayalakshmi v. Dinesh Kalidasan

2022-02-02Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.668 of 2021 and CMP No.16714 of 2021 K.Vijayalakshmi ... Petitioner Vs Dinesh Kalidasan ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw H.M.O.P.No.2651 of 2021 on the file of the Hon'ble III Additional Family Court, Chennai, and to transfer the same to the Court of the Principal Family Court, Coimbatore tried along with M.C.No.91 of 2021 or any other competent Court nearby. For Petitioner : Mr.B.Mahendra Naidu For Respondent : No Appearance

O R D E R

Despite service, the respondent husband is not appearing either in person or through counsel duly instructed. 2.The petitioner wife seeks transfer of HMOP.No.2651 of 2021 on the file of the III Additional Family Court, Chennai to the Principal Family Court, Coimbatore to be tried along with M.C.No.91 of 2021. Transfer is sought for on the ground that the petitioner wife is a resident of Coimbatore and it would be inconvenient for her to go over to Chennai for every hearing as personal appearance of the parties is required before the Family Court. If the prayer of the petitioner is accepted and the O.P. pending at Chennai is transfered to the Family Court, Coimbatore, the husband would suffer the same inconvenience. No doubt, the M.C. is pending before the Family Court, Coimbatore, but, the M.C. which is summary proceedings need not be tagged on with the O.P. which will have to be tried like a suit. https://hcservices.ecourts.gov.in/hcservices/

3.Considering the convenience of the parties, HMOP.No.2651 of 2021 is withdrawn from the file of the III Additional Family Court, Chennai and transferred to the file of the Principal Sub Court, Coimbatore to be disposed of in accordance with law. 4.This Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vs To

1. The III Additional Family Court, Chennai.

2. The Principal Sub Court, Coimbatore.

+1cc to Mr.C.R.Gobinaath, Advocate Sr.6637 TR CMP No.668 of 2021 and CMP No.16714 of 2021 ad[co] srg 22/02/2022 https://hcservices.ecourts.gov.in/hcservices/