V.Clara v. Francis Prasanth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2019 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ TR.CMP.NO.70 OF 2019 AND CMP NO.2707 OF 2019 V.Clara ... Petitioner Vs.

Francis Prasanth ... Respondent PRAYER: Petition filed under Section 24 of the Civil Procedure Code to withdraw MOP No.324 of 2018 pending on the file of the Family Court Judge, Pondicherry, to the file of any of the Family Court Judge, Chennai.

For Petitioner :

Mr.R.Narendran For Respondent :

Mr.J.Zea Kumar for M/s.Achari & Antoni Associates

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the petitioner seeking to withdraw MOP No.324 of 2018 from the file of Family Court, Puducherry and transfer the same to any of the Family Court at Chennai.

2. The petitioner is the wife. The respondent / husband filed MOP No.324 of 2018 seeking divorce before the Family Court, Pondicherry. The petitioner is a resident of Chennai and even in the petition filed by the respondent/husband for divorce, the address of the petitioner is shown as Chennai. Pleading physical hardship for travelling from Chennai to Pondicherry, for every hearing, the petitioner seeks transfer of the petition filed by her husband before the Family Court, Pondicherry to any of the Family Court at Chennai.

3. Learned counsel for the respondent has no serious objection for transferring the case from Pondicherry to Chennai.

4. Considering the physical hardship caused to the https://hcservices.ecourts.gov.in/hcservices/

petitioner/wife in travelling from Chennai to Pondicherry, to attend the hearings before the Family Court, Pondicherry, this Court is inclined to transfer the petition filed by the respondent / husband to Principal Family Court, Chennai.

5. Accordingly, MOP No.324 of 2018 pending on the file of Family Court, Pondicherry is withdrawn and transferred to the Principal Family Court, Chennai. The learned Principal Judge, Family Court, Chennai, is directed to renumber the petition; issue notice to both the parties and continue the proceedings from the stage where it stands and dispose of the same, as expeditiously as possible.

6. The Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition is closed.

TK Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Family Court Judge Pondicherry.

2.The Principal Judge Family Court Chennai.

+1cc to Mr.R.Narendran, Advocate, SR.No.33158/19 +1cc to M/s.Achari & Antoni Associates, Advocate, SR.No.33927 TR.CMP.NO.70 OF 2019 Kak(27/05/2019) https://hcservices.ecourts.gov.in/hcservices/