R. Sridevi v. V. Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.CMP. No.936 of 2021 and C.M.P.No.20901 of 2021 R.Sridevi ... Petitioner Vs V.Saravanan ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the H.M.O.P.No.743 of 2020, from the file of Sub-Court, Ponnamallee to I Additional Family Court, Chennai to be tried with H.M.O.P.No.3350 of 2021 and M.C.No.374 of 2021 both on the file of the I Additional Family Court, Chennai.

For Petitioner : Mr.G.S.Sivakumar For Respondent : M/s.T.Mathi

ORDER

The wife has filed the Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.743 of 2020 filed by the husband for divorce on the file of the Sub-Court, Ponnamallee to the I Additional Family Court, Chennai to be tried along with H.M.O.P.No.3350 of 2021 and M.C.No.374 of 2021.

2. The learned counsel appearing for the respondent has no objection but, however, contended that since the matter is now being transferred to the Family Court the presence of party was mandatory and this would cause hardship to the respondent/husband who would have to travel to Chennai for every hearing.

3. Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings in H.M.O.P.No.743 of 2020, on the file of the Sub-Court, Ponnamallee and transferred to the file of the I Additional Family Court, Chennai, tried along with H.M.O.P.No.3350 of 2021 and M.C.No.374 of 2021 subject to the condition that the https://hcservices.ecourts.gov.in/hcservices/

Family Court at Chennai 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(CCC) //True Copy// Sub Assistant Registrar shr To 1.The Sub-Judge, Ponnamallee.

2.The I Additional Family Court Judge, Chennai.

+1cc to Mr.G.S.Sivakumar, Advocate, S.R.No.9823 +2cc to M/s.T.Mathi, Advocate, S.R.No.9427 Tr.CMP. No.936 of 2021 and C.M.P.No.20901 of 2021 NR(CO) SB(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/