P.Santhya v. S.Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Tr.C.M.P.No.876 of 2021 and C.M.P.No.19647 of 2021 P.Santhya ... Petitioner -VsS.Vijayakumar ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in F.C.O.P.No.341 of 2021 pending before the Family Court at Erode, and transfer the same to the file of the Subordinate Court at Mettur. For Petitioner :

Mr.P.Valliappan for M/s.PV Law Associates For Respondent : Mr.R.Nalliyappan

ORDER

The wife has filed the Transfer Civil Miscellaneous Petition seeking transfer of F.C.O.P.No.341 of 2021 filed by the husband for divorce on the file of the Family Court, Erode, to the Subordinate Court, Mettur.

2.The learned counsel appearing for the respondent has no objection but, however, contended that since the Subordinate Court, Mettur, insists on the presence of party and this would cause hardship to the respondent/husband who would have to travel to Mettur, for every hearing his presence may be dispensed with.

3.Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings in F.C.O.P.No.341 of 2021 on the file of the Family Court, Erode and transferred to the file of the Sub Court, Mettur. subject to https://hcservices.ecourts.gov.in/hcservices/

the condition that the Sub Court, Mettur, shall not insist on the presence of the respondent/husband for every hearing except for attending the counselling session and for adducing evidence. No costs. Consequently, connected Miscellaneous Petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR mps To

1. The Judge, Family Court, Erode.

2. The Subordinate Judge, Mettur.

+1cc to Mr.P.Valliappan, Advocate Sr.17881 Tr.C.M.P.No.876 of 2021 and C.M.P.No.19647 of 2021 mt[co] srg 12/04/2022 https://hcservices.ecourts.gov.in/hcservices/