Madras High CourtTR CMP/182/2021allowed

Jayanthi v. Sathiya Narayanan

2021-08-04Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.No.182 of 2021 and C.M.P.No.5417 of 2021 [Video Conferencing] Jayanthi ... Petitioner vs.

Sathiya Narayanan ... Respondent Prayer:- This Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer the divorce petition in H.M.O.P.No.19 of 2021 pending on the file of the Principal Subordinate Court at Kallakurichi, Villupuram District to the Family Court at Vellore, Vellore District. For Petitioner :

Mr.E.Kannadasan For Respondent :

No appearance

ORDER

1.The present Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the divorce petition in H.M.O.P.No.19 of 2021 pending on the file of the Principal Subordinate Court at Kallakurichi, Villupuram District to the Family Court at Vellore, Vellore District 2.The respondent/husband has filed H.M.O.P.No.19 of 2021 before the Principal Subordinate Court at Kallakurichi, Villuppuram District for divorce.

3.The learned counsel for the petitioner/wife submitted that the petitioner is residing with her aged parents home at Vellore. Since, her parents having physical ailments they are unable to travel to anywhere along with the petitioner and in this circumstances, it is very difficult for the petitioner to travel from Vellore to Kallakurichi for attending the Court on every hearings in H.M.O.P.No.19 of 2021. Therefore, she seeks to transfer the case from the Principal Subordinate Court at Kallakurichi, Villupuram District to the Family Court at Vellore, Vellore District.

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4.There is no representation on behalf of the respondent. 5.Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case to the file of the Family Court at Vellore, Vellore District. 6.Accordingly, H.M.O.P.No.19 of 2021 is withdrawn from the Subordinate Court at Kallakurichi, Villuppuram District and transferred to the file of the Family Court at Vellore, Vellore District for disposal as per law. The learned Judge, Subordinate Court at Kallakurichi, is directed to transmit the papers to the file of the learned Judge, Family Court at Vellore, forthwith. The learned Family Judge at Vellore, is directed to dispose of the case in H.M.O.P.No.19 of 2021 on merits and in accordance with law as expeditiously as possible. 7.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssi To 1.The Principal Subordinate Judge, Kallakurichi.

2.The Family Court Judge, Vellore.

+1cc to M/s.E.Kannadasan, Advocate, S.R.No.37903 Tr.C.M.P.No.182 of 2021 and C.M.P.No.5417 of 2021 CP(CO) ASK(19/08/2021) https://hcservices.ecourts.gov.in/hcservices/