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Madras High CourtTR CMP/955/2021allowed

Priya v. B.R. Sabharish Kanna

2022-02-14Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.NO.955 OF 2021 & C.M.P.NO.21365 OF 2021 Priya ... Petitioner .Vs.

B.R.Sabharish Kanna ... Respondent PRAYER:- Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to direct withdrawal of O.P.No.797 of 2021 pending on the file of the VI Additional Family Court, Chennai and transfer the same to Sub Court at Vaniyambadi.

For Petitioner :

Mr.M.Premkumar For Respondent :

Mr.Ali Hassan Khan For Mr.K.M.Selva Kumar

ORDER

The wife seeks transfer of proceedings for divorce filed by her husband, the respondent herein before the VI Additional Family Court, Chennai to the Subordinate Court, Vaniyambadi.

2. The transfer is sought for on the following grounds: (a) The petitioner is living at Vaniyambadi and she would have to travel for every hearing to Chennai, which is over 200 KM away.

(b) The petitioner cannot travel by herself and would have to take the assistance of another person which would be a great deal of hardship and strain both financially as well as physically.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel who appeared for the respondent though had initially objected to the transfer, later agreed that the transfer to the Subordinate Court, Vaniyambadi would also be beneficial for the respondent husband as he would also not have to appear for every hearing before the Family Court.

4. Therefore, in view of the above and taking into consideration the fact that the Subordinate Court, Vaniyambadi also has Jurisdiction as the respondent wife is residing within the jurisdiction of the said Court, the petition is allowed. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kan To 1.

The VI Additional Family Court, Chennai.

2.

The Sub Court, Vaniyambadi.

+1cc to Mr.M.Premkumar, Advocate, S.R.No.9296 TR.C.M.P.NO.955 OF 2021 PL(CO) PBS/04/03/2022 https://hcservices.ecourts.gov.in/hcservices/