Transfer petition by wife to move divorce proceedings from Tiruchirapalli to Coimbatore Family Court for convenience. Court allowed transfer and directed that respondent need not appear in person for non-essential hearings.
Petition allowed. Proceedings transferred to Family Court, Coimbatore. Respondent may be represented by counsel for non-essential hearings.
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TR.CMP.No.104 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2024
CORAM:
THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN
TR.CMP.No.104 of 2023 and CMP.No.2206 of 2023
E.Suganya
... Petitioner
Vs
T.Harshavardhanan ... Respondent
Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer O.P.No.74 of 2020 which is pending on the file of the learned Principal Subordinate Court at Tiruchirapalli District, to be tried before the Family Court, Coimbatore District.
For Petitioner : Mr.P.Saravanan For Respondent : No Appearance
ORDER
The petitioner-wife has presented this petition to withdraw the petition
filed by the respondent-husband in O.P.No.74 of 2020 before the Principal Subordinate Court, Tiruchirapalli District and transfer it to be tried before the
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Family Court, Coimbatore District.
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proceedings in H.M.O.P.No.74 of 2020 pending on the file of Principal Sub Court, Tiruchirapalli is withdrawn from its file and transferred to Family Court, Coimbatore. The Family Court, Coimbatore is requested not to direct the respondent-husband to appear on every hearing, and for non-essential and procedural hearing, he may be represented through a counsel. He may be called upon to appear in person, only when his appearance is indispensable and essential.
6.With the above directions, this transfer petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
15.07.2024
Index:Yes/No Neutral Citation : Yes / No ds
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V.LAKSHMINARAYANAN,J.
ds
To:
TR.CMP.No.104 of 2023
15.07.2024
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2 issues framed by the court
Whether the civil miscellaneous petition for withdrawal and transfer of divorce proceedings from the Subordinate Court at Tiruchirapalli to the Family Court at Coimbatore should be allowed.
Whether the respondent-husband should be directed to appear in person for non-essential and procedural hearings in the transferred proceedings.
1 provisions across 1 enactments
E. Suganya
T. Harshavardhanan
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
