Rosy v. Mahendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.7 of 2020 and C.M.P. No.223 of 2020 M.Rosy

...Petitioner

vs.

Mahendran

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw F.C.O.P. No.315 of 2019 on the file of Family Court, Vellore and transfer the same to the file of Principal Family Court, Coimbatore.

For Petitioner : Mr.J.Kingsly Solomon For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Kunimuthoor, Coimbatore, has come up with this Petition, seeking transfer of F.C.O.P. No.315 of 2019 from Family Court, Vellore to Principal Family Court, Coimbatore, for trial.

2.

According to the Petitioner, it would be very difficult for her to travel about 780 Kms, to and fro, to attend the hearings in F.C.O.P.No.315 of 2019 at Vellore, as she apprehends that she may face untoward happenings, if she will attend the hearings at Sub Court, Kumbakonam.

3. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.

4. There is nothing on record to suspect the bona fides in filing this Transfer Petition. I am, therefore, of the view that the Transfer Petition deserves to be allowed.

5. In the result, the proceedings in F.C.O.P. No.315 of 2019 is withdrawn from the file of Family Court, Vellore and transferred to the file of Principal Family Court, Coimbatore, for trial. The Principal Family Court, Coimbatore, is expected to conclude the trial, as expeditiously as possible, without https://hcservices.ecourts.gov.in/hcservices/

adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.223 of 2020 is closed.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar (Asr) To :

1.The Family Court, Vellore 2.The Principal Family Court, Coimbatore +1 CC to M/s. Kingsly Solomon, Advocate sr 9417. Tr.C.M.P.No.7 of 2020 and C.M.P. No.223 of 2020 RK(CO) SP(05/03/2020) https://hcservices.ecourts.gov.in/hcservices/