Yamini Alias V.Anuradha v. J.Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2019

CORAM

THE HON'BLE MR.JUSTICE T.RAJA Tr.C.M.P.No.308 of 2019 and C.M.P.No.8912 of 2019 Yamini @ V.Anuradha ....

Petitioner Vs J.Ravi ....

Respondent Prayer : Petition under Section 24 of C.P.C., seeking to withdraw the H.M.O.P.No.36 of 2017 before the Sub Court at Ponneri and transfer the same to any Family Court, at Chennai. For Appellant : C.S.Saravanan For Respondent : Mr.R.Dhamodaran

J U D G M E N T

The petitioner Yamini @ Anuradha, is the wife of the respondent J.Ravi, has come before this Court, seeking an order for withdrawal of the pending H.M.O.P.No.36 of 2017, on the file of the learned Sub Court, Ponneri to be transferred to the Family Court, Chennai.

2. Learned counsel for the petitioner submitted that the marriage between the petitioner and the respondent took place on 10.09.1995. Subsequently, the respondent filed H.M.O.P.No.36 of 2016 before the Sub Court, Ponneri. The petitioner is staying with her aged parents and is temporarily working as a daily wages employee. It is averred that there is no permanent source of income and it is difficult for the petitioner to attend the court hearings at Ponneri.

3. Heard the learned counsel for the respondent. It is submitted that the respondent is residing at Thiruvottiyur, whereas the petitioner is residing in Korattur.

4. Taking note of the averments stated in the affidavit filed by the petitioner and the submissions made by the learned counsel for both sides that both the petitioner as well as the respondent are residing in Chennai, this Court has no impediment to allow the Tr.C.M.P.

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5. Accordingly, in the interest of both the parties, the Tr.C.M.P. is allowed and the H.M.O.P.No.36 of 2017 pending on the file of the learned Sub Court, Ponneri, is withdrawn and transferred to the learned Family Court, Chennai.

6. The learned Judge, Family Court, Chennai, is directed to take up H.M.O.P.No.36 of 2017 and dispose of the same expeditiously in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar KST To

1. The Sub Judge, Ponneri.

2. The Judge, Family Court, Chennai +1 CC to Mr.C.S. Saravanan, Advocate sr 48761. Tr.C.M.P.No.308 of 2019 GP(CO) SP(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/