G.Femila Rani v. Vimalraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.879 of 2021 and CMP No.19727 of 2021 G.Femila Rani ... Petitioner Vs J.Vimalraj ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw the I.D.O.P.No.201 of 2021 on the file of the Family Court, Chengalpattu and transfer the same to the Family Court, Coimbatore by appreciating the above said facts and circumstances of the case.

For Petitioner :

Mr.Arun Prasad for Mr.M.Guruprasad For Respondent :

Mr.V.G.Anbarasu

O R D E R

The petitioner wife seeks transfer of IDOP.No.201 of 2021 pending on the file of the Family Court, Chengalpattu to the Family Court, Coimbatore.

2.Transfer is sought for on the ground of convenience as the wife is resident of Vadugapalayam Village in Pollachi Taluk of Coimbatore District. It is seen from the records that the husband resides at Thirukazhukundram, Chengalpattu District. 3.Mr.Anbarasu, learned counsel appearing for the respondent would submit that the wife is already started harassing the husband and his family by lodging complaints under the Domestic Violence Act. They have been summoned by the authorities under the Domestic Violence Act on more than two occasions. He would therefore apprehend danger to his life or https://hcservices.ecourts.gov.in/hcservices/

further attacks on him, if he is to appear before the Family Court, Coimbatore for every hearing. Being an IDOP under the Divorce Act, it cannot be transferred to a Sub Court. 4.Considering the convenience of both the parties and the submissions of the learned counsel, I am of the opinion that the O.P. could be transferred to the Principal District Court, Coimbatore where the appearance of the parties is not required for every hearing as in the case of Family Court. In view of the above, the Transfer Civil Miscellaneous Petition is allowed. IDOP.No.201 of 2021 is withdrawn from the file of the Family Court, Chengalpattu and transferred to the Principal District Court, Coimbatore to be disposed of in accordance with law. The learned Principal District Judge, Coimbatore is directed to dispose of the O.P. within a period of nine (9) months from the date of receipt of the papers from the transferor Court. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vs To

1. The Judge, The Family Court, Chengalpattu.

2. The Principal District Judge, Coimbatore.

+1cc to M/s.V.G.Anbarasu, Advocate, S.R.No.6545 +1cc to Mr.M.Guruprasad, Advocate, S.R.No.6553 TR CMP No.879 of 2021 and CMP No.19727 of 2021 PMK(CO) SU(28/02/2022) https://hcservices.ecourts.gov.in/hcservices/