Reka v. Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2019 CORAM :

THE HONOURABLE MR. JUSTICE T.RAJA Tr.C.M.P.No.214 of 2019 and C.M.P.Nos.6404 & 6406 of 2019 Reka ... Petitioner Vs.

Karthikeyan ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., praying to withdraw H.M.O.P.No.128 of 2018 on the file of the Sub-Court, Mannargudi, and transfer the same to the file of the Family Court, Ariyalur.

For Petitioner : Mr.S.Senthil For Respondent : Mr.G.Vasudevan

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.128 of 2018 on the file of the learned Sub Court, Mannargudi, and to transfer the same to the file of the learned Family Court, Ariyalur.

2. The petitioner is the wife and the respondent is the husband. The above said H.M.O.P.No.128 of 2018 was filed by the respondent/husband on the file of the learned Sub Court, Mannargudi, seeking for divorce.

3. Learned counsel for the petitioner/wife submitted that the marriage between the petitioner and the respondent was solemnized on 07.06.2010 as per the Hindus' Customs and Rites and out of the said wedlock, they were blessed with two male children. It is further stated that in view of some difference of opinion, all of a sudden, the respondent/husband filed the above said HMOP before the learned Sub-Court, Mannargudi, seeking for divorce. Since the respondent/wife has to take care of her aged parents, it is not feasible for her to travel more than 150 kms. to attend each and every hearing, therefore, the above said case may be transferred to the file of the learned Family Court, Ariyalur.

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4. Earlier, this Court, vide order dated 20.06.2019, directed the parties to appear before this Court on 27.06.2019 at 2.15 p.m., however, although the petitioner/wife appeared before me, the respondent/husband did not turn up and therefore, such an attitude shows that he has no objection in transferring the above said case to the file of the learned Family Court, Ariyalur. Accordingly, H.M.O.P.No.128 of 2018 filed by the husband is withdrawn from the file of the learned Sub Court, Mannargudi, and consequently, transferred to the file of the learned Family Court, Ariyalur. On such transfer, the learned Family Court, Ariyalur, shall dispose of the same in the manner known to law as expeditiously as possible.

6. With the above direction, the present Transfer Civil Miscellaneous Petition is allowed. Consequently, connected civil miscellaneous petitions are closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rkm To 1.Sub-Court, Mannargudi.

2.Family Court, Ariyalur.

Tr.C.M.P.No.214 of 2019 and C.M.P.Nos.6404 & 6406 of 2019 RV(CO) RRS(31/07/2019) https://hcservices.ecourts.gov.in/hcservices/