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Madras High CourtTR CMP/835/2021disposed of

B.Vijayabanu v. Mr.Sreeju

2022-04-06Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.835 of 2021 and C.M.P.No.19147 of 2021 B.Vijayabanu

...Petitioner

Vs Sreeju

...Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw H.M.O.P.No.1517 of 2021 on the file of the Family Court, Coimbatore and transfer the same to the Sub Ordinate Court, Paramathi, Namakkal District with a direction to try the same. For Petitioner :

Mr.K.S.Vivekanandam For Respondent :

Mr.Udaya P.S.Menon

O R D E R

The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.1517 of 2021 pending on the file of the Family Court, Coimbatore to the file of the Subordinate Court, Paramathi, Namakkal District. 2.

The respondent/husband has filed the above H.M.O.P.No.1517 of 2017 under Section 13(1) (i-a) of the Hindu Marriage Act, on the file of the Sub Court, Pollachi, for divorce. The petitioner-wife has filed a petition under Domestic Violence Act in D.V.C.No.13 of 2021 before the Judicial Magistrate, Paramathi Velur, Namakkal District.

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

3. The learned counsel for the respondent, on instruction, would submit that the respondent has no objection for the H.M.O.P.No.1517 of 2021 being transferred to the Sub Court, Namakkal. Though the relief sought for by the https://hcservices.ecourts.gov.in/hcservices/

petitioner-wife is to have the said H.M.O.P transferred to the Sub Court, Paramathi Velur, Namakkal District, the learned counsel for the petitioner-wife, on instructions, would submit that the petitioner-wife has no objection for the H.M.O.P being transferred to Sub Court, Namakkal.

4. Considering the above factors, the proceedings pending on the file of the Family Court, Coimbatore in H.M.O.P.No.1517 of 2021 is withdrawn and transferred to the file of the Subordinate Court, Namakkal District.

5. Accordingly, the Transfer Civil Miscellaneous Petition is disposed of. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar srn To

1. The Family Court, Coimbatore.

2. The Sub Ordinate Court, Namakkal District. +1 CC to Mr.K.S.Vivekanandam, Advocate sr 23475 +1 CC to Mr.V.Vijayakumar, Advocate sr 24355. Tr.C.M.P.No.835 of 2021 and C.M.P.No.19147 of 2021 MT(CO) SP(22/04/2022) https://hcservices.ecourts.gov.in/hcservices/