Madras High CourtTR CMP(MD)/453/2019allowed

Aruna, v. Balaji,

2020-02-24Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.453 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.453 of 2019 and C.M.P(MD)No.10416 of 2019 Aruna ... Petitioner/Respondent /Wife vs.

Balaji ... Respondent /Petitioner/Husband PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw F.C.O.P.No.280 of 2019 on the file of the Family Court, Chengalpattu and transfer the same to the Sub Court, Virudhunagar.

For Petitioner : Mr.G.Mariappan For Respondent : Mr.R.Narayanan

ORDER

The wife, who is facing proceedings for divorce at the instance of the husband before the Family, Court, Chengalpattu in F.C.O.P.No.280 of 2019 seeks transfer of the same to the Sub Court, Virudhunagar.

2. Transfer is sought for only on the ground of convenience of the wife. Admittedly, the wife is the resident of Virudhunagr.

3. The learned counsel for the respondent / husband would seriously oppose the request for transfer contending that the wife had even gone to the extent of threatening him through her relatives. Hence, the atmosphere at Virudhunagar will not be conducive for peaceful conduct of the litigation. Considering the said claim, I am of the opinion that in the interest of both parties, the proceedings should be conducted at a neutral venue.

4. Considering the distance between Virudhunagar and Srivillputhur, the proceedings in F.C.O.P.No.280 of 2019 are withdrawn from the file of the Family Court, Chengalpattu and transferred to the Principal Sub Court, Srivilliputhur. The Family Court, Chengalpattu is directed to transmit the papers in F.C.O.P.No.280 of 2019 to the Principal Sub Court, Srivilliputhur at the earliest.

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TR.C.M.P.(MD) No.453 of 2019

5. This transfer civil miscellaneous petition is allowed on the above terms. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Judge, Family Court, Chengalpattu.

2.The Principal Sub Judge, Srivilliputhur.

+1 CC to Mr.R.NARAYANAN, Advocate ( SR-7886[F] dated 24/02/2020 ) +1 CC to Mr.G.MARIAPPAN, Advocate ( SR-7978[F] dated 24/02/2020 ) TR.C.M.P.(MD)No.453 of 2019 24.02.2020 VB(09.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2