Madras High CourtTR CMP(MD)/34/2020allowed

S.Mahalakshmi, v. K.Radhakrishnan

2021-03-26Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.34 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.34 of 2020 and C.M.P(MD) No.648 of 2020 S.Mahalakshmi ... Petitioner/Respondent -VsK.Radhakrishnan (cause title has been amended vide order dated 27.02.2020.) ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the petition HMOP No.514 of 2019 on the file of the Family Court, Trichy and transfer to the Family Court, Thoothukudi.

For Petitioner :

Mr.P.Pillaivinayagam For Respondent :

Mr.B.Jameelarasu

ORDER

The petitioner/wife seeks transfer of HMOP.No.514 of 2019 pending on the file of the Family Court, Trichy to the file of Family Court, Thoothukudi.

2.Transfer is sought for solely on the ground of convenience, since the wife is the resident of Thoothukudi. 3.The learned counsel appearing for the respondent/husband would submit that the respondent has no objection to transfer the matter to Thoothukudi but he would submit that since the husband is working in a private company at Bangalore, it would be difficult for him to attend every hearing before the Family Court at Thoothukudi.

4.Considering the same, I am of the opinion that the matter could be transferred to the Sub Court, where, the parties need not appear for every hearing. Hence, H.M.O.P.No.514 of 2019 is withdrawn from the file of the Family Court, Trichy and transferred to the file of Subordinate Court, Thoothukudi, to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.34 of 2020 disposed of in accordance with law. The Family Court, Trichy, is directed to transmit the papers to the Subordinate Court, Thoothukudi, forthwith. The learned Subordinate Judge, Thoothukudi, is directed to dispose of the case within a year from the date of receipt of the papers from the transferrer Court, namely, the Family Court, Trichy.

5.Accordingly, this Transfer Civil Miscellaneous Petition is allowed.

However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Judge, Family Court, Trichy.

2.The Subordinate Judge, Thoothukudi.

Tr.C.M.P(MD)No.34 of 2020 26.03.2021 SSS(CO) TR(22.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2