P.Manju v. D.Francis

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR C.M.P. No.116 of 2019 and C.M.P.No.4030 of 2019 P.Manju ... Petitioner Vs.

D.Francis ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the FCIDOP No.98 of 2018 pending on the file of Family Court, Chengalpattu and transfer the same to Family Court at Tiruvallur.

For Petitioner : Mr.E.Chandran For Respondent : Mr.N.Balaji *****

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of FCIDOP.No.98 of 2018 pending on the file of Family Court, Chengalpattu to the file of Family Court, Tiruvallur.

2. Respondent and petitioner are husband and wife. The respondent/husband filed a petition in F.C.I.D.O.P.No.98 of 2018 for divorce before District Court, Chengalpattu. The respondent/wife is an ordinary resident of Vaniyamalli Village in Ponneri Taluk which is 120km away from Chengalpattu. She finds it very difficult to travel from the village to Chengalpattu for every hearing. She also submits that it causes severe physical and financial hardship to travel from her village to Chengalpattu. Therefore, she seeks transfer of the case from Family Court, Chengalpattu to Family Court, Tiruvallur.

3. Considering the physical and mental hardship to the petitioner/wife, this Court is inclined to transfer the case to the Court which is nearer to her place.

4. Accordingly, F.C.I.D.O.P.No.98 of 2018 pending on the file of Family Court, Chengalpattu is withdrawn and transferred to Family Court, Tiruvallur which is neutral venue to both the parties.

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

5. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bri To 1.The Judge, Family Court, Chengalpattu.

2.The Judge, Family Court Tiruvallur.

+2ccs to Mr.C.Venkatesan, Advocate, S.R.No.28298 TR.C.M.P. No.116 of 2019 and C.M.P.No.4030 of 2019 SPD(CO) RRS(08/05/2019) https://hcservices.ecourts.gov.in/hcservices/