A.Isabella Rajereegam v. S.Arulanantham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Tr.CMP.Nos.108 of 2019 and C.M.P.No.3775 of 2019 A.Isabella Rajareegam ... Petitioner/Respondent Vs.

S.Arulanantham ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw and order transfer of H.M.O.P.No.26 of 2016 pending on the file of the Subordinate Court, Mettur to Family Court, Chennai. For petitioner : Mr.N.Edwin Jeyakumar For Respondent : Mr.C.Arun Kumar

O R D E R

This petition is filed by the petitioner seeking to withdraw and order transfer of H.M.O.P.No.26 of 2016 pending on the file of the Subordinate Court, Mettur to Family Court, Chennai.

2.The petitioner is the wife. The respondent / husband filed a petition for divorce before Subordinate Judge, Mettur. The petitioner / wife filed a maintenance case before III Additional Family Court, Chennai. This Court, by order dated 15.02.2019, ordered notice to the respondent.

3. The learned counsel for the respondent submits that the matter is at the advanced stage of trial in which the petitioner side evidence is over and posted for cross examination of the respondent.

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4. Considering the status of the case, this Court is not inclined to transfer the case. Further a direction is given to the Trial Court to complete the proceedings within a period of one month from the date of reciept of a copy of this order. Both the parties should cooperate with the Court for completion of the Trial.

5. The transfer civil miscellaneous petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar bkn To

1. The Sub Judge, The Subordinate Court, Mettur.

2. The Judge, The III Additional Family Court, Chennai. +1cc to Mr.N.Edwin Jeyakumar, Advocate SR.No.41036 +2ccs to Mr.C.Arun Kumar, Advocate SR.No.41797 Tr.CMP.Nos.108 of 2019 and C.M.P.No.3775 of 2019 VG I(CO) GMY(08/07/2019) https://hcservices.ecourts.gov.in/hcservices/