Madras High CourtTR CMP(MD)/222/2020disposed of

P.R.Lekshmi @Parameswaran Ramalekshmi v. M.Harish

2021-02-08Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P.(MD)No.222 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)No.222 of 2020 and C.M.P.(MD)No.4908 of 2020 P.R.Lekshmi @ Parameswaran Ramalekshmi ... Petitioner/ Respondent versus M.Harish ... Respondent/ Petitioner Transfer Petition filed under Section 24 of C.P.C. seeking to withdraw the petition in H.M.O.P.No.1347 of 2020 on the file of the Family Court at Madras and transfer the same to the Family Court, Kanyakumari District at Nagercoil for having joint trial along with the petition in M.C.No.14 of 2020 on the file of the Family Court, Kanyakumari District at Nagercoil.

For Petitioner : Mr.D.Nallathambi For Respondent : Mr.G.V.Vairam Santhosh

ORDER

The petitioner/wife seeks transfer of H.M.O.P.No.1347 of 2020 pending on the file of the Family Court at Madras, to the Family Court, Kanyakumari District at Nagercoil, to be tried along with M.C.No.14 of 2020 pending on the file of the Family Court, Kanyakumari District at Nagercoil.

2. The wife is the resident of Nagercoil and the husband is the resident of Chennai. The Maintenance Case in M.C.No.14 of 2020 filed by the wife is already pending on the file of the Family Court, Nagercoil. The wife would claim that she is now unemployed, because, she was forced to quit the job with City Union Bank by the husband.

3. Considering the convenience of wife and the fact that she is now unemployed, the petition in H.M.O.P.No.1347 of 2020, pending on the file of the Family Court at Madras, is withdrawn and transferred to the Family Court at Nagercoil, to be tried along with M.C.No.14 of 2020 already pending before the said Court.

4. Considering the fact that the husband is the resident of Chennai and considerable hardship would be caused to him, if he is forced to appear before the Family Court at Nagercoil for every hearing, the husband is permitted to file an application before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD)No.222 of 2020 Family Court at Nagercoil to dispense with his appearance for non effective hearings. If the said application is made by the husband, the Family Court at Nagercoil shall consider the same favourably and dispense with the presence of the husband for non effective hearings. The Family Court shall pass suitable orders requiring the presence of the husband for effective hearings only.

5. Accordingly, the Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) To

1. The Family Court, Madras.

2. The Family Court, Kanyakumari District at Nagercoil.

+1 CC to Mr.D.NALLA THAMBI, Advocate ( SR-4085[F] dated 09/02/2021 ) Tr.C.M.P.(MD)No.222 of 2020 and C.M.P.(MD)No.4908 of 2020 08.02.2021 (MJ) KV(18.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2