Madras High CourtTR CMP/978/2021allowed

S.Priyanka v. S.Karthik

2022-02-15Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA Tr.CMP. No.978 of 2021 S.Priyanka ... Petitioner Vs S.Karthik ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in H.M.O.P.No.132 of 2021, on the file of Principal Subordinate Court, Kallakurichi and transfer the same to be tried on the file of the Family Court at Tiruvannamalai.

For Petitioner : Mr.P.Suresh For Respondent : Mr.T.Shanmugaboopathi

ORDER

The wife has filed the Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.132 of 2021 filed by the husband for divorce on the file of the Principal Subordinate Court, Kallakurichi to the Family Court at Tiruvannamalai.

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 Tiruvannamalai for every hearing.

3. Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings https://hcservices.ecourts.gov.in/hcservices/

in H.M.O.P.No.132 of 2021, on the file of the Principal Subordinate Court, Kallakurichi and transferred to the file of the Family Court at Tiruvannamalai, subject to the condition that the Family Court at Tiruvannamalai 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(CS-VII) //True copy// Sub Assistant Registrar shr To 1.The Hon'ble Principal Subordinate Judge, Kallakurichi. 2.The Judge, Family Court at Tiruvannamalai.

+1cc to Mr.P.Suresh, Advocate SR.No.9472 +1cc to Mr.T.Shanmugaboopathi, Advocate SR.No.9576 Tr.CMP. No.978 of 2021 KG(CO) GMY(07/03/2022) https://hcservices.ecourts.gov.in/hcservices/