Madras High CourtTR CMP(MD)/54/2020allowed

Parameswari v. Balaji

2021-03-09Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.54 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.54 of 2020 and C.M.P(MD) No.974 of 2020 Parameswari ... Petitioner/Respondent -VsBalaji ... Respondent /Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer H.M.O.P.No.459 of 2019, from the file of the Family Court, Tiruchirappalli to the Family Court, Dindigul and may direct the Family Court, Dindigul to try the H.M.O.P.No.459 of 2019 along with MC No.38 of 2019. For Petitioner :

Mr.K.P.Narayanakumar For Respondent :

Mrs.T.Banumathy

O R D E R

The wife seeks transfer of H.M.OP.No.459 of 2019 pending on the file of the Family Court, Trichy to the file of the Family Court at Dindigul.

2.Transfer is sought for solely on the ground of convenience of the wife, since the wife is a resident of Sanarpatti, Dindigul Taluk.

3.The said request is opposed by the husband, contending that he is working in Trichy. It would be highly impossible for him to conduct the proceedings at Family Court, Dindigul as he has to appear for every hearing before the Family Court. 4.Considering the above difficulty expressed by the husband, I am of the opinion that the proceedings could be transferred to the Sub Court, where the appearance of the parties is not required for every hearing and the parties can appear through counsel.

5.In view of the above, H.M.O.P.No.459 of 2019 is withdrawn from the file of the Family Court, Trichy and transferred to the file of the Sub Court, Dindigul.The Family Court, Trichy is directed to transmit the papers to the Sub Court, Dindigul. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.54 of 2020 6.Accordingly, the Transfer Civil Miscellaneous Petition is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Judge The Family Court, Trichy 2.The Subordinate Judge, Dindigul.

3.The Record Keeper, V.R.Section,(2C) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.NARAYNA KUMAR, Advocate ( SR-10446[F] dated 11/03/2021 ) Tr.C.M.P(MD)No.54 of 2020 and C.M.P(MD) No.974 of 2020 09.03.2021 SSS(CO) KB(27.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2