Madras High CourtTR CMP(MD)/62/2021allowed

K.Gayathri v. A.Saravanakumar

2021-03-19Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.62 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2021

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.62 of 2021 and C.M.P(MD) No.1159 of 2021 K.Gayathri ... Petitioner/Respondent -VsA.Saravanakumar ... Responden/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the petition HMOP No.529 of 2020 on the file of the Family Court, Madurai, and transfer to the Family Court, Srivilliputhur.

For Petitioner :

Mr.S.Pandiyaraj For Respondent :

Mr.M.Chellapandian

ORDER

The wife seeks transfer of HMOP.No.529 of 2020 filed by the husband on the file of the Family Court, Madurai, seeking divorce under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 to the Family Court, Srivilliputhur.

2.Transfer is sought for solely on the ground of convenience. 3.The learned counsel appearing for the respondent/husband would submit that the respondent is a resident of Madurai and if the proceeding is transferred to the Family Court at Srivilliputhur, it will be difficult for the respondent, since the Family Courts Act requires presence of the parties for every hearing.

4.Considering the same as well as the convenience of the wife, I am of the opinion that the proceedings could be transferred to the Sub Court, Srivilliputhur, since the proceedings before the Sub Court do not require the presence of the parties for every hearing, it will be convenient for both the parties. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.62 of 2021 5.In view of the above, H.M.O.P.No.529 of 2020 is withdrawn from the file of the Family Court, Madurai and transferred to the file of Subordinate Court, Srivilliputhur, to be disposed of, in accordance with law. The Family Court, Madurai is directed to transmit the papers to the Subordinate Court, Srivilliputhur, forthwith.

6.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 (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Srivilliputhur.

+1 CC to M/s.J.YESU SUBANANTH, Advocate(SR-12413[F] dated 19/03/2021) Tr.C.M.P(MD)No.62 of 2021 19.03.2021 mm nsv (24.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2