Madras High CourtTR CMP/793/2021allowed

Mrs. Rachel Reena v. Mr. Andhuvan Stephen Edberg

2022-01-10Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.No. 793 of 2021 And C.M.P.No. 18453 of 2021 Mrs. Rachel Reena ... Petitioner/Respondent Vs.

Mr.Andhuvan Stephen Edberg ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the proceedings in I.D.O.P.No. 396 of 2021 pending on the file of Hon'ble Family Court, Trichy and to transfer the same to Hon'ble Principal Family Court, Coimbatore.

For Petitioner :

Mrs. V.S.Usha Rani For Respondent :

Mr. B.Saravanan

O R D E R

The wife seeks transfer of I.D.O.P.No. 396 of 2021 on the file of Family Court, Trichy, to the file of Family Court at Coimbatore, to be tried along with M.C.No. 87 of 2021 pending on its file. While the husband seeks divorce in I.D.O.P.No. 396 of 2021, the wife seeks maintenance in M.C.No. 87 of 2021.

2. The transfer is sought for merely on the ground of convenience of the wife. It is admitted that the wife is a resident of Coimbatore. Mr. B.Saravanan, learned counsel appearing for the respondent/husband would submit that he has no objection for transfer. He would seek indulgence of this Court to direct the Family Court in Coimbatore to dispose of the original proceedings within a time frame so that the inconvenience caused to him would be minimum. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the reasonableness in the request of the learned counsel for the respondent, this Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. I.D.O.P.No. 396 of 2021 on the file of Family Court, Trichy is withdrawn and transferred to the file of Principal Family Court, Coimbatore. The Principal Family Court, Coimbatore, is required to dispose of I.D.O.P.No. 396 of 2021 and M.C.No. 87 of 2021 within a period of one year from the date of receipt of the records from the transferor Court, namely, Family Court, Trichy.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar vsg To 1.The Judge, Principal Family Court, Coimbatore.

2.The Judge, Family Court, Trichy.

+1cc to M/s.V.S.Usha Rani, Advocate SR. No.1889 +1cc to Mr.B.Saravanan, Advocate SR. No.2582 Tr.C.M.P.No. 793 of 2021 And C.M.P.No. 18453 of 2021 MT (CO) PR (31/01/2021) https://hcservices.ecourts.gov.in/hcservices/