Poornima v. Dineshkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.56 of 2020 and C.M.P. No.1723 of 2020 Poornima

...Petitioner

vs.

Dineshkumar

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw the petition in H.M.O.P. No.54 of 2019 on the file of Principal Subordinate Judge, Tindivanam and transfer the same to the file of Sub Court, Pollachi, to try along with H.M.O.P. No.176 of 2019.

For Petitioner : Mr.C.Veeraraghavan For Respondent : No appearance

O R D E R

Wife has come up with the present Petition seeking transfer of H.M.O.P. No.54 of 2019, filed by the respondent herein/husband, from the file of Principal Sub Court, Tindivanam to the file of Sub Court, Pollachi, for a joint trial with H.M.O.P. No.176 of 2019, filed by the petitioner herein/wife.

2. According to the Petitioner, it would be difficult for her to travel all the away from Pollachi, to attend the hearings in H.M.O.P. No.54 of 2017 at Tindivanam. She also apprehends threat from the respondent herein/husband.

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 herein/wife in filing this Transfer Petition. I am, therefore, of the view that the Transfer Petition deserves to be allowed.

https://hcservices.ecourts.gov.in/hcservices/

5. In the result, the proceedings in H.M.O.P. No.54 of 2019 is withdrawn from the file of Principal Sub Court, Tindivanam and is transferred to the file of Sub Court, Pollachi, to be tried along with H.M.O.P. No.176 of 2019. The Sub Court, Pollachi, 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.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, the connected civil miscellaneous petition is closed.

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

1.The Principal Sub Court, Tindivanam 2.The Sub Court, Pollachi +1 CC to Mr.C.Veeraraghavan, Advocate sr 11939. Tr.C.M.P.No.56 of 2020 and C.M.P. No.1723 of 2020 BP(CO) SP(11/03/2020) https://hcservices.ecourts.gov.in/hcservices/