B.Gandhimathi v. K.M.Dillipradhap

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.NO.894 OF 2021 AND C.M.P.NO.20075 OF 2021 B.Gandhimathi .. Petitioner Vs.

K.M.Dillipradhap .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the case in HMOP.No.291 of 2021 from the file of Family Court, Chengalpet and transfer the same to Sub-Court, Kanchipuram. For Petitioner : Mr.S.Prabhu For Respondent : Mr.R.N.Karthikeyan

O R D E R

The wife seeks transfer of HMOP.No.291 of 2021 pending on the file of the Family Court, Chengalpattu to the Sub-Court, Kancheepuram.

2. Transfer is sought for on the ground of convenience and on the ground that the husband and his relatives attacked the wife and intimidated her to consent for a divorce on 18.11.2021 when she attended Family Court, at Chengalpattu.

3. While denying the said statement, the counsel for the husband would vehemently contend that it is totally false and it has been set up only to enable filing of this transfer petition. He would also point out that the wife and her relatives are all lawyers from Kancheepuram and hence he has reasonable apprehension that there is some motive behind the transfer sought for.

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4. Taking into account the submissions of both the counsel, I am of the opinion that transfer to a neutral venue would be in the interest of the parties. Hence, HMOP.291 of 2021 is withdrawn from the Family Court, Chengalpattu and transferred to the file of Sub-Court, Cheyyar to be tried and disposed of in accordance with law.

5. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar dsa To

1. The Judge, The Family Court, Chengalpet.

2. The Sub-Judge, Kanchipuram.

3. The Sub-Judge, Cheyyar.

+1cc to M/s.S.Prabhu, Advocate, S.R.No.5774 +1cc to M/s.R.N.Karthikeyan, Advocate, S.R.No.5870 Tr.C.M.P.No.894 of 2021 KSM(CO) RLP(10/02/2022) https://hcservices.ecourts.gov.in/hcservices/