Madras High CourtTR CMP/681/2021allowed

K.Revathipriya v. Prabhu

2022-03-25Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.03.2022 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA Tr. C.M.P. No.681 of 2021 and C.M.P. No.17018 of 2021 K.Revathipriya ... Petitioner

Versus

Mr.Prabhu ...Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.114 of 2021 on the file of Hon'ble Family Court, Namakkal and to transfer the same to the Court of the Additional Principal Family Court, Coimbatore tried along with H.M.O.P.No.1254 of 2021.

For Petitioner ...

Mr.B.Mahendra Naidu For Respondent ...

Mrs.Radhika Boopathi

O R D E R

This petition is filed by the wife to withdraw H.M.O.P.No.114 of 2021 filed by her husband on the file of Hon'ble Family Court, Namakkal and to transfer the same to the Court of the Additional Principal Family Court, Coimbatore to be tried along with H.M.O.P.No.1254 of 2021.

2. The petitioner has filed the above transfer petition on the following grounds:

(i) The petitioner is staying with her parents in Coimbatore and she does not have independent source of income.

(ii) The petitioner finds it very difficult to travel alone all the way from Coimbatore to Namakkal. Since she is dependent on her parents financially, she could not afford the expenses to attend the hearings in Namakkal.

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3.Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4.Taking into account the genuine grievances expressed by the learned counsel for the petitioner, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.114 of 2021 pending on the file of the Family Court, Namakkal is withdrawn and it shall stand transferred to the file of the Additional Principal Family Court, Coimbatore to be tried along with H.M.O.P.No.1254 of 2021. However, considering the fact that the respondent-husband is now working his presence for all the hearings is dispensed with, except when he is required to be present for counselling and for adducing evidence. No costs. Consequently, connected Civil Miscellaneous Petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR ssn/ab To

1. The Judge, Family Court, Namakkal.

2. The Additional Principal Family Court, Coimbatore.

+1cc to Mr.B.Mahendra Naidu, Advocate Sr.20432 +1cc to Mr.Radhika Boopathi, Advocate Sr.20423 Tr. C.M.P. No.681 of 2021 and C.M.P. No.17018 of 2021 mt[co] srg 13/04/2022 https://hcservices.ecourts.gov.in/hcservices/