G. Nancy Marie v. I. George Victor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.318 of 2016 and CMP.No.8872 of 2016 G.Nancy Marie
...Petitioner
versus I.George Victor
...Respondent
PRAYER: Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw and transfer the petition in IDOP No.28 of 2015 pending before the Principal District Court, Tiruchirapalli to Family Court, Coimbatore or to any other Court. For Petitioner : Mr.S.Rajmakesh For Respondent : Mr.A.V.Rajasekaran
O R D E R
The respondent initiated proceedings in I.D.O.P.No.28 of 2015 before the Principal District Court at Tiruchirapalli, praying for a decree of divorce. The petitioner, who is a resident of Coonoor is before this Court, with a request to transfer the matrimonial proceedings.
2. Heard the learned counsel for the petitioner and the learned counsel on behalf of the respondent.
3. The respondent initiated proceedings for divorce before the Principal District Court at Tiruchirapalli. The petitioner is a resident of Coonoor. According to the petitioner, it would be very difficult for her to travel all along from Coonoor to Tiruchirapalli for the purpose of defending the proceedings in IDOP.No.28 of 2015.
4. In view of the reasons found mentioned in the affidavit filed in support of the transfer petition and taking into account the position of the respective parties, the transfer petition deserves to be allowed.
5. The proceedings in I.D.O.P.No.28 of 2015 is withdrawn from the file of Principal District Court, Tiruchirapalli and is transferred to the file of Family Court, Coimbatore, for disposal on merits.
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6. The respondent is given liberty to file appropriate application before the Trial Court to dispense with his personal appearance on the normal dates of hearing, subject to the condition that he would appear on all the effective dates of hearing and would cooperate for an early disposal of the matrimonial proceedings. In case, any such application is filed, the same shall be considered by the learned Trial Judge taking into account the residence of the respondent at Tiruchirapalli.
7. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar svki To 1.The Principal District Judge, Tiruchirapalli 2.The Judge, The Family Court, Coimbatore +1cc to Mr.S.Rajmakesh, Advocate Sr.70657 +1cc to Mr.A.V.Rajasekaran, Advocate Sr.71080 Transfer CMP No.318 of 2016 EV(CO) RVR 30/12/2016 https://hcservices.ecourts.gov.in/hcservices/