V.Nirmala v. S.Saravanamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.CMP. No.818 of 2021 and C.M.P.No.18923 of 2021 V.Nirmala ... Petitioner/Respondent.

Vs S.Saravanamurthy ... Respondent/Petitioner.

PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.1087 of 2021 preferred by the respondent herein which is pending before the Principal Family Court at Coimbatore and to pass necessary order to transfer the same to District Court Thiruvallur District or any other Court as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner :

Mr.B.K.Singh For Respondent : Mr.A.Vinothraj

ORDER

The above Transfer Civil Miscellaneous Petition is filed by the wife seeking to transfer H.M.O.P.No.1087 of 2021 pending on the file of the Principal Family Court at Coimbatore to the file of the District Court Thiruvallur.

2. The petitioner's seeks transfer on the following grounds:

a) Ill-health.

b) Financial constraint.

c) She has threat to her life by the respondent and his parents including his henchmen.

3. The learned counsel for the respondent would oppose the transfer and deny the above allegation.

https://hcservices.ecourts.gov.in/hcservices/

4. Heard the learned counsel on either side.

5. The petitioner/ wife is suffering from a physical ailment and traveling from Thiruvallur District to Coimbatore would not only cause a physical strain but also a financial strain and further she was not being maintained by her husband, the respondent herein. Compelling reasons have therefore been given by the petitioner/wife for seeking the transfer.

6. Accordingly, the above Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.1087 of 2021 pending on the file of the Principal Family Court at Coimbatore is withdrawn and transferred to the file of the District Court Thiruvallur. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar shr To 1.The Principal Family Court at Coimbatore.

2.The District Court Thiruvallur.

+1cc to Mr.A.Vinothraj, Advocate SR. No.17302 Tr.CMP. No.818 of 2021 and C.M.P.No.18923 of 2021 AD (CO) PR (04/04/2022) https://hcservices.ecourts.gov.in/hcservices/