Madras High CourtTR CMP(MD)/181/2017allowed

Vijayalakshmi v. Elangovan,

2017-06-14Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 14.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P(MD)No.181 of 2017 and C.M.P(MD)No.4083 of 2017 Vijayalakshmi .. Petitioner/Respondent vs.

Elangovan .. Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, praying this Court to withdraw the case in H.M.O.P.No.90 of 2016, on the file of Family Court, Villupuram and transfer the same to the file of Prinicipal Subordinate Court, Trichy.

For Petitioner : M/s.K.M.Karunakaran For Respondent : M/s.R.Karunanidhi

ORDER

The wife who is the respondent in H.M.O.P.No.90 of 2016 filed by the husband seeking divorce on the ground of cruelty, is the Petitioner. She seeks transfer of H.M.O.P.No.90 of 2016, from the file of Family Court, Villupuram to Family Court at Trichy. 2.The main ground on which transfer is sought for is the convenience of the wife, who claims to be residing with her father at Trichy. Even in the Original Petition namely, H.M.O.P.No.90 of 2016, the wife is shown to be a resident of Trichy.

3.The learned counsel for the respondent/husband would resist the Transfer Petition contending that the husband is employed in Railway Police. Therefore, it will be very difficult for him to get leave often to attend Family Court at Trichy. Even if the proceedings are at Villupuram, it is necessary for him to apply for leave to attend the Family Court at Villupuram. 4.Considering the said fact and the convenience of the wife, this Transfer Civil Miscellaneous Petition is allowed and the Petition in H.M.O.P.No.20 of 2016 is withdrawn from the file of Family Court, Villupuram and transferred to the file of Family https://hcservices.ecourts.gov.in/hcservices/

Court, Trichy. The Family Court, Trichy is directed to despatch the records to Family Court, Villupuram, within a period of two weeks from the date of receipt of copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.

sd/- Assistant Registrar(A.S) /True copy/ Sub Assistant Registrar To 1.The Judge, Family Court, Villupuram.

2.The Judge, Family Court, Trichy.

+1cc to Mr.R.Karunandhini,Advocate,SR.60049 +1cc to Mr.K.M.Karunakaran,Advocate,SR.60081 TR.C.M.P(MD)No.181 of 2017 and C.M.P(MD)No.4083 of 2017 14.06.2017 VSN KK/KP/SAR/23.06.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/