J. Vidhya v. G. Ganesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA Tr.C.M.P. No. 865 of 2021 and C.M.P.No.19429 of 2021 J.Vidya ... Petitioner/Respondent -VsG.Ganesh ... Respondent/Petitioner PRAYER:
Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.3374 of 2021 on the file of IV Additional Principal Judge, Family Court, Chennai, and transfer it to the file of the Subordinate Judge, Hosur. For Petitioner :
Mr.A.Balamurugan For Respondent : Mr.M.Marimuthu
ORDER
The wife has filed the Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.3374 of 2021 filed by the husband for restitution of conjugal rights on the file of the IV Additional Principal Judge, Family Court, Chennai, to the Subordinate Court, Hosur.
2.The learned counsel appearing for the respondent on instructions has no objection but, however, contended that since the matter is now being transferred to the Subordinate Court where the presence of party was mandatory it would cause severe hardship to the respondent/husband who would have to travel to Hosur for every hearing.
Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings in H.M.O.P.No.3374 of 2021 on the file of the IV Additional Principal Judge, Family Court, Chennai, and transferring it to https://hcservices.ecourts.gov.in/hcservices/
the file of the Subordinate Court, Hosur, subject to the condition that the Subordinate Judge at Hosur, 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(CS III) //True Copy// Sub Assistant Registrar mps To 1.The IV Additional Principal Judge, Family Court, Chennai.
2.The Subordinate Judge, Hosur.
+1cc to Mr.A.Balamurugan, Advocate, S.R.No.23168 +1cc to Mr.M.Marimuthu , Advocate, S.R.No.23779 Tr.C.M.P. No. 865 of 2021 and C.M.P.No.19429 of 2021 MT(CO) CT 10/06/2022 https://hcservices.ecourts.gov.in/hcservices/