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Madras High CourtTR CMP/767/2021allowed

Serama Devi v. Dinesh.R

2021-12-14Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.CMP.No.767 of 2021 and CMP.No.18125 of 2021 Serama Devi ..Petitioner Vs.

Dinesh R ..Respondent Prayer:

Transfer civil miscellaneous petition filed under Section 24 of CPC, seeking to withdraw HMOP.No.510 of 2021 from the file of the III-Additional Family Court, Chennai and transfer the same to the file of the Sub-ordinate Judge's Court, Kancheepuram.

For Petitioner : Mr.K.Lavanya For Respondent : Mr.M.Sathishkumar for Mr.S.Joel

O R D E R

The petitioner / wife seeks transfer of HMOP.No.510 of 2021 on the file of the III-Additional Family Court, Chennai to the Sub-Court, Kancheepuram. Transfer is sought for solely on the ground of convenience, since the wife is a resident of Kancheepuram. The husband is shown to be a resident of Kilpauk, Chennai.

2.The proceedings are pending before a Family Court, which requires appearance of the parties for every hearing. Even though the distance between Chennai and Kancheepuram is only 75 kilometres, it would cause some inconvenience to the wife as she has to appear for every hearing before the Family Court. If the proceedings are transferred to the Sub-Court, Kancheepuram, the husband need not appear for every hearing. He can be represented through counsel for the non-essential hearings. https://hcservices.ecourts.gov.in/hcservices/

Thus, the inconvenience caused to the husband by transfer of the proceedings to the Sub-court, Kancheepuram will be definitely lesser than the inconvenience to the wife, if she is made to come over to Chennai.

3.In view of the above, this transfer civil miscellaneous petition is allowed, HMOP.No.510 of 2021 on the file of the IIIAdditional Family Court, Chennai is withdrawn and transferred to the Sub-Court, Kancheepuram to be tried and disposed of in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar kkn To:-

1. The III-Additional Family Court, Chennai.

2. The Sub-Court, Kancheepuram.

+1cc to Mr.S.Murugan, Advocate, S.R.No.66927 Tr.CMP.No.767 of 2021 and CMP.No.18125 of 2021 GSM[co] NSK 03/01/2022 https://hcservices.ecourts.gov.in/hcservices/