A.Kanchana v. Ramasubramanian @ Raghuram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM:

THE HONOURABLE MRS.JUSTICE S. KANNAMMAL Tr.C.M.P.No.869 of 2021 and C.M.P.No.19507 of 2021 A.Kanchana ... Petitioner vs.

Ramasubramanian @ Raghuram ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.645 of 2021 on the file of the Subordinate Court, Poonamallee and transfer it to the file of the Family Court, Coimbatore to be tried along with M.C.No.94 of 2021.

For Petitioner :

Mr.Udaya P.S.Menon For Respondent :

Mrs.R.Mahalakshmi

ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw and transfer of H.M.O.P.No.645 of 2021 pending on the file of the Subordinate Court, Poonamallee to the Family Court, Coimbatore for joint trial along with M.C.No.94 of 2021.

2.The respondent/husband has filed H.M.O.P.No.645 of 2021 before the Subordinate Court, Poonamallee for divorce and the petitioner/wife has filed M.C.No.94 of 2021 before the Family Court, Coimbatore for maintenance.

3.The learned counsel for the petitioner/wife submitted that the petitioner is residing with her aged parents at Coimbatore. Since, her parents having physical ailments they are unable to travel anywhere along with the petitioner and in this circumstances, it is very difficult for the petitioner to travel from Coimbatore to Poonamallee for attending the Court on every hearings in H.M.O.P.No.645 of 2021. Therefore, she seeks to transfer the case from the Subordinate Court, Poonamallee to the Family Court at Coimbatore. 4.The learned counsel for the respondent submitted that he has no objection to allow this petition.

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5.Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case to the file of the Family Court, Coimbatore. 6.Accordingly, H.M.O.P.No.645 of 2021 is withdrawn from the Subordinate Court, Poonamallee and transferred to the file of the Family Court at Coimbatore for disposal as per law. The learned Judge, Subordinate Court, Poonamallee is directed to transmit the papers to the file of the learned Judge, Family Court, at Coimbatore, forthwith. The learned Judge, Family Court, at Coimbatore , is directed to dispose of the case in H.M.O.P.No.645 of 2021 on merits and in accordance with law as expeditiously as possible.

7.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar gbi To 1.The Subordinate Court, Poonamallee.

2.The Family Court, Coimbatore.

Tr.C.M.P.No.869 of 2021 GSM (CO) PR (29/06/2022) https://hcservices.ecourts.gov.in/hcservices/