Abiramavalli Jayeshkumar v. P. Jayesh Kumar Prahalathan Thirumal
2014-08-07
R.KARUPPIAH
body2014
DigiLaw.ai
Judgment 1. This Transfer Petition is filed to withdraw H.M.O.P.No.861 of 2013 on the file of the III Additional Family Court, Chennai and to transfer the same to the file of Family Court at Madurai. 2. Heard the submissions made by the learned counsel for the Petitioner as well as the respondent and perused the materials available on record. 3. The learned counsel for the Petitioner submitted that the Petitioner is living with her age old parents at Madurai and due to her parents poor health condition, it is not possible for them to accompany with the Petitioner to appear before the III Additional Family Court, Chennai, which is 500 Kms far away from Madurai. The learned counsel further submitted that already H.M.O.P.No.202 of 2011 filed by the Petitioner for restitution of conjugal rights and the same was ordered by the Family Court at Madurai. Therefore the Petitioner prayed for transfer of H.M.O.P.No.861 of 2013 from the file of III Additional Family Court, Chennai to the file of Family Court, Madurai. 4. Per contra, the learned counsel for the respondent would submit that the respondent now temporarily residing at USA and only the Family Court at Chennai, video conferencing facility available. Therefore if transfer is made as sought for in the petition, the respondent was unable to appear through Video Conferencing to give evidence. Further the learned counsel for the respondent submitted that the Petitioner need not appear before the Family Court at Chennai for every hearing. Therefore the learned counsel objected to allow this transfer Petition. 5. Admittedly, the Petitioner is living with her age old parents who are ailing from illness. In the above said circumstances, as rightly pointed out by the learned counsel for the Petitioner, the Petitioner was unable to attend the III Additional Family Court at Chennai. The learned counsel for the respondent admitted that the respondent is now residing at USA. 6. Considering the difficulties expressed by the Petitioner in attending the III Additional Family Court at Chennai, this Court is of the view that the above said H.M.O.P is to be transferred as sought for in the Petition. 7. In the result H.M.O.P.No.861 of 2013 on the file of the III Additional Family Court, Chennai is ordered to be transferred to the file of Family Court at Madurai for disposal in accordance with law.
7. In the result H.M.O.P.No.861 of 2013 on the file of the III Additional Family Court, Chennai is ordered to be transferred to the file of Family Court at Madurai for disposal in accordance with law. Further, the Family Court, Madurai is directed to dispose of the above said H.M.O.P as early as possible. The Transfer Petition is ordered accordingly. consequently, connected Miscellaneous petition is closed. No costs.