M.Asha v. Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM:

THE HONOURABLE MRS.JUSTICE S. KANNAMMAL Tr.C.M.P.No.952 of 2021 and C.M.P.No.21317 of 2021 M.Asha

...Petitioner

vs.

Suresh Kumar

...Respondent

This Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the H.M.O.P.No.266 of 2021 on the file of the II Additional Subordinate Court, Coimbatore and to transfer the file of Family Court, Vellore.

For Petitioner :

Mr.M.R.Thangavel For Respondent :

Mr.M.N.Balakrishnan

ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.266 of 2021 on the file of the II Additional Subordinate Court, Coimbatore and to transfer the file of Family Court, Vellore.

2.The respondent/husband has filed H.M.O.P.No.266 of 2021 before the II Additional Subordinate Court, Coimbatore for divorce.

3.The learned counsel for the petitioner/wife submitted that the petitioner is working as Staff Nurse at Christian Medical College (CMC), Vellore, and in this circumstances, it is very difficult for the petitioner to travel from Vellore to Coimbatore for attending the Court on every hearings in H.M.O.P.No.266 of 2021. Therefore, she seeks to transfer the case from the II Additional Subordinate Court, Coimbatore to the Family Court, Vellore.

4.The learned counsel for the respondent submitted that he has no objection to allow this petition.

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

5.Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case to the file of the Family Court, Vellore.

6.Accordingly, H.M.O.P.No.266 of 2021 is withdrawn from the II Additional Subordinate Court, Coimbatore and transferred to the file of the Family Court, Vellore for disposal as per law. The learned Judge, II Additional Subordinate Court, Coimbatore is directed to transmit the papers to the file of the learned Judge, Family Court, Vellore, forthwith. The learned Judge, Family Court, Vellore, is directed to dispose of the case in H.M.O.P.No.266 of 2021 on merits and in accordance with law as expeditiously as possible.

7.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gbi To

1. The Judge, II Additional Subordinate Court, Coimbatore.

2. The Judge, Family Court, Vellore.

+1cc to Mr.M.N.Balakrishnan, Advocate, S.R.No.37130 Tr.C.M.P.No.952 of 2021 SKM(CO) RGA(04/07/2022) https://hcservices.ecourts.gov.in/hcservices/