Madras High CourtTR CMP(MD)/517/2021dismissed

Elangomani Alias Karthi Alias Elagumani v. Chandrakani Alias Arul Jothi

2021-11-19Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P.(MD) No.517 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P.(MD) No.517 of 2021 and C.M.P.(MD) No.9613 of 2021 Elangomani @ Karthi @ Elagumani .. Petitioner/Respondent -vsChandrakani @ Arul Jothi .. Respondent/Petitioner Prayer :- Petition filed under Section 24 of Code of Civil Procedure to withdraw the case in H.M.O.P.No.1366 of 2021 pending before the Additional Family Court, Coimbatore and transfer the same to the file of the Family Court, Dindigul or the Sub Court, Palani. For Petitioner :

Mr.N.Pragalathan ******

ORDER

This petition has been filed by the petitioner/husband seeking transfer of H.M.O.P.No.1366 of 2021 filed by the respondent/wife for divorce on the file of the Additional Family Court, Coimbatore to the file of the Family Court, Dindigul or to the Sub Court, Palani. 2.The only reason given for seeking the above transfer is that the respondent is living with her brothers and they would harass him when he attends the hearing. This Court finds that the reason given is not sufficient for transferring the H.M.O.P. However, taking into account the genuine apprehension put forward by the petitioner, his presence for every hearing shall be dispensed with and he shall appear in person only at the time of giving evidence. 3.With the above observation and liberty, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) abr https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.517 of 2021 Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The Additional Family Court, Coimbatore.

+1 CC to M/s.N. PRAGALATHAN, Advocate (SR-35692[F] dated 24/11/2021) Tr.C.M.P.(MD) No.517 of 2021 Dated: 19.11.2021 NA(CO) GC(30.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2