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Madras High CourtTR CMP/49/2020ordered

R.Sabitha v. Anbukannan

2020-02-12Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.49 of 2020 and C.M.P. No.1473 of 2020 R.Sabitha

...Petitioner

vs.

Anbukannan

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw O.P.No.5114 of 2019 pending on the file of III Additional Family Court, Chennai and transfer the same to Subordinate Court, Virudhachalam.

For Petitioner : Mr.T.Gnana Banu For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Virudhachalam, has come forward with this Petition seeking transfer of O.P. No.5114 of 2019 from the file of III Additional Family Court at Chennai to the file of Subordinate Court, Virudhachalam. 2.

According to the Petitioner, it would be difficult for her to travel all the way from Virudhachalam to attend the hearings in O.P. No.5114 of 2019 at III Additional Family Court, Chennai.

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 of the petitioner 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 In the result, the proceedings in O.P. No.5114 of 2019 is withdrawn from the file of the III Additional Family Court, Chennai and is transferred to the file of Subordinate Court, Virudhachalam, for trial. The Subordinate Court, Virudhachalam is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end. Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs. Consequently, the connected C.M.P.No.1473 of 2020 is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar Asr To :

1.

The III Additional Judge Family Court, Chennai 2.

The Subordinate Court, Virudhachalam +1 cc to M/s.T.Gnanabanu Advocate sr11220 Tr.C.M.P.No.49 of 2020 and C.M.P. No.1473 of 2020 bp(co) aa11/03/2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/