G.Nishanthini v. M.Divakar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.884 of 2021 and CMP No.19769 of 2021 G.Nishanthini ... Petitioner Vs M.Divakar ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to Order for withdrawal and transfer of both the HMOP.No.65 of 2020 filed by the respondent herein and O.S.No.3 of 2020 filed by the petitioner herein respectively that are pending on the file of Family Court, Tiruvallur to any one of the Family Courts at Chennai.

For Petitioner : Mr.S.Arunachalam

O R D E R

The wife seeks transfer of HMOP.No.65 of 2020 and O.S.No.3 of 2020 on the file of the Family Court, Thiruvallur to Family Court, Chennai.

2.Though both the spouses are shown to be residents of Thiruvallur in the entire proceedings, learned counsel appearing for the petitioner would submit that now the petitioner has shifted her residence to Agaram and therefore, the proceedings should be transferred to the Family Court, Chennai. 3.The transfer is sought for on the ground of convenience. The transfer of proceedings to Family Court, Chennai would result in more inconvenience to the husband as he would be required to appear in person for every hearing before the Family Court. The wife is the resident of Agaram near Chennai. 4.Considering the convenience of the parties, particularly the convenience of the wife, both the HMOP.No.65 of 2020 and O.S.No.3 of 2020 pending on the file of the Family Court, https://hcservices.ecourts.gov.in/hcservices/

Thiruvallur are withdrawn and transferred to the Sub Court, Poonamallee to be tried and disposed of in accordance with law. The Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vs To

1. The Judge, The Family Court, Thiruvallur.

2. The Judge, The Sub Court, Poonamallee.

+1cc to M/s.S.Arunachalam Associates, Advocate, S.R.No.66259 TR CMP No.884 of 2021 and CMP No.19769 of 2021 KSM[co] NSK 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/