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Madras High CourtTR CMP/883/2021allowed

S. Amutha v. S. Senthil Kumar

2022-03-17Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.883 OF 2021 & C.M.P.NO.19763 OF 2021 S.Amutha ... Petitioner Vs S.Senthil Kumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.1544 of 2021 on the file of the Additional Family Court, Coimbatore and to transfer the same to the Family Court, Thanjavur.

For Petitioner :

Mr.P.Sesubalan Raja For Respondent :

Mr.V.Anandhamurthy

ORDER

The above petition has been filed by the wife seeking transfer of H.M.O.P.No.1544 of 2021 filed by the husband for divorce on the file of the Additional Family Court, Coimbatore to the file of the Family Court, Thanjavur.

2. The grounds on which the transfer is sought for are as follows:

(i)The distance between Thanjavur and Coimbatore is around 268 Kms and it will take nearly 6 hours to reach Coimbatore from Thanjavur. The petitioner has health issues and she cannot make such a long travel.

(ii)It is not possible for the petitioner to go to Coimbatore and conduct case effectively by engaging a counsel at Coimbatore.

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

3. Heard the learned counsel and perused the records.

4. Considering the fact that sufficient reasons have been given and also the fact that the petitioner is residing at Thanjavur, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.1544 of 2021 pending on the file of the Additional Family Court, Coimbatore is withdrawn and transferred to the file of the Family Court, Thanjavur. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

5. The presence of the respondent husband is dispensed with except for attending counselling and for adducing evidence. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kan To

1. The Judge, The Additional Family Court, Coimbatore.

2. The Judge, The Family Court, Thanjavur.

+1cc to Mr.P.Sesubalan Raja, Advocate, S.R.No.18655 +1cc to Mr.V.Anandhamurthy , Advocate, S.R.No.18242 Tr.C.M.P.No.883 of 2021 GPL(CO) RLP(11/04/2022) https://hcservices.ecourts.gov.in/hcservices/