Madras High CourtTR CMP/37/2019disposed of

S.Bharathi v. A.Prabhu

2019-03-21Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR C.M.P. No.37 of 2019 and C.M.P.No.1330 of 2019 S.Bharathi ... Petitioner Vs.

A.Prabhu ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the H.M.O.P.No.169 of 2018 on the file of Principal Subordinate Court, Thiruvannamalai to Family Court, Chennai. For Petitioner : Mr.T.Gnana Babu For Respondent : No Appearance

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of H.M.O.P.No.169 of 2018 on the file of Principal Subordinate Court, Thiruvannamalai to the file of Family Court, Chennai.

2. Respondent and petitioner are husband and wife. The respondent/husband filed a divorce petition in H.M.O.P.No.169 of 2018 before the Sub Court, Thiruvannamalai. In the divorce petition, the address of service on the wife is shown as Chennai, surprisingly the temporary address of the husband is also in Chennai. The petitioner/wife states that she has two children at tender age and she finds it difficult to travel a long distance for every hearing. Hence, she preferred the above transfer Civil Miscellaneous Petition.

3. Considering the residence of both parties, which is in Chennai, this Court is inclined to transfer the petition filed https://hcservices.ecourts.gov.in/hcservices/

by the husband in H.M.O.P.No.169 of 2018 before the Sub Court, Thiruvannamalai to Family Court, Chennai.

4. Accordingly, H.M.O.P.No.169 of 2018 pending on the file of Sub Court, Thiruvannamalai is withdrawn and transferred to the file of the learned Principal Judge Family Court, Chennai.

5. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bri To 1.The Principal Subordinate Judge, Thiruvannamalai.

2.The Principal Judge Family Court, Chennai.

+1 cc to M/s.T.Gnana Babu, Advocate, Sr.No. 26723 TR C.M.P. No.37 of 2019 and C.M.P.No.1330 of 2019 RK(CO) CSL/03.05.2019 https://hcservices.ecourts.gov.in/hcservices/