L. Janani Saravana v. G. Harihara Sankaran
T.V.THAMILSELVI, J.
This matter was taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the petitioner.
2. The learned counsel for petitioner would submit that this Court by an order dated 06.03.2023 allowed the above Tr.C.M.P. However, in para-5 of the order, instead of mentioning "Family Court, Tiruchirapalli", it was wrongly mentioned as "Family Court, Chennai". Hence, the matter is listed today.
3. Heard the contentions of learned counsel for petitioner and perused the order.
4. Considering his submissions, the paragraph-5 of the order is clarified as follows:
In Para 5 at Page 2 "5. Accordingly, the present Tr.C.M.P. is allowed and the H.M.O.P. No. 549 of 2022 pending on the file of the Family Court, Tiruchirapalli is withdrawn and transferred to the file of Sub-Court, Tambaram. Further, the Family Court, Tiruchirapalli is directed to transfer the records in 1/7
connection with H.M.O.P. No. 549 of 2022 to the Sub-Court, Tambaram within a period of four weeks from the date of receipt of copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed."
5. Registry is directed to incorporate above correction in the Order of this Court in Tr.C.M.P. No.54 of 2023 dated 06.03.2023 and issue fresh order copy to the petitioner.
31.03.2023 rpp 2/7
T.V.THAMILSELVI, J.
rpp Tr. C.M.P. No.54 of 2023 31.03.2023 3/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2023 CORAM :
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.54 of 2023 L.Janani Saravana ....
Petitioner -VsG.Harihara Sankaran ....
Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP No. 549 of 2022 pending on the file of Hon'ble Family Judge, Trichirapalli and transfer the same to the learned Family Judge's Court, Chennai.
For Petitioner : Mr.A.R.Suresh For Respondent : Not appeared
O R D E R
This petition has been filed to withdraw HMOP No. 549 of 2022, pending on the file of Family Court, Trichirapalli and transfer the same to the learned Family Court, Chennai.
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2. Heard the learned counsel for the petitioner and there is no representation on the behalf of the respondent.
3. It is seen from the records that the respondent filed H.M.O.P No.549 of 2022, on the file of the Family Court, Tiruchirapalli, for restitution of conjugal rights. Now, the petitioner lived in Chennai with aged parents. Further the distance between Chennai to Tiruchirapalli is nearly about 340 Kms.
4. Considering the distance between the petitioner's house and the Court, and also the fact that the petitioner is living with 2 year child her old mother. Hence, this Court is inclined to transfer the H.M.O.P No. 549 of 2022 pending on the file of the Family Court, Tiruchirapalli , to Sub Court, Tambaram.
5. Accordingly, the present Tr.C.M.P. is allowed and the H.M.O.P.No.549 of 2022 pending on the file of the Family Court, Chennai, is withdrawn and transferred to the file of the Sub Court, Tambaramt. Further, the Family Court, Tiruchirapalli, is directed to transfer the records in connection with H.M.O.P No. 549 of 2022, to the Sub Court, Tambaram, within a period of four weeks from the date of 5/7
receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed.
06.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The Family Court, Tiruchirapalli.
2.The Subordinate Judge, Tambaram.
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T.V.THAMILSELVI, J.
pbl TR.CMP.No.54 of 2023 06.03.2023 7/7