K.Nithya v. S.Santhosh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.NO.774 OF 2021 AND C.M.P.NO.18204 OF 2021 Mrs.K.Nithya ... Petitioner Vs.

Mr.S.Santhosh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw H.M.O.P.No. 1264 of 2021 on the file of Additional Family Court at Coimbatore and transfer the same to the file of Family Court, Madurai.

For Petitioner :

Mr.K.Kathiresan For Respondent :

No appearance

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No. 1264 of 2021 on the file of Additional Family Court at Coimbatore to the file of Family Court, Madurai.

2.

The wife is a resident of Samayanallur, Madurai and the husband is a resident of Vellalur near Coimbatore. Transfer is sought for mainly on the ground of convenience. The husband, though served, is not appearing either in person or through counsel duly instructed.

3.

Considering the convenience of wife as well as the husband, I am of the opinion that the Original Petition could be transferred to Sub Court at Madurai as the husband, who is a https://hcservices.ecourts.gov.in/hcservices/

resident of Coimbatore, will be put to more hardship if the case is transferred to the file of Family Court at Madurai as he would have to appear for every hearing in person. 4.

In view of the above, considering the convenience of the wife as well as the husband, H.M.O.P.No. 1264 of 2021 is withdrawn from the file of Additional Family Court, Coimbatore and transferred to the file of Principal Sub Court, Madurai, to be disposed of in accordance with law.

5.

With the above direction, this Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsg To 1.

The Principal Sub Court, Madurai.

2.

The Additional Family Court, Coimbatore.

Tr.C.M.P.No.774 of 2021 And C.M.P.No. 18204 of 2021 SPD(CO) RLP(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/