R.Rajakumari v. H.Rajini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.08.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.261 of 2019 and C.M.P. No.7565 of 2019 R.Rajakumari ... Petitioner -vsH.Rajini ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw the O.P. No.1883 of 2017 pending before the Principal Family Court at Chennai and transfer the same to the file of the Family Court at Tiruchirappalli.

For Petitioner : Mr.D.Paarventhan For Respondent : Mr.S.Ramesh

O R D E R

The Transfer C.M.P. has been filed to transfer the O.P. No.1883 of 2017 pending on the file of the Principal Family Court, Chennai to the file of the Family Court, Tiruchirappalli. 2.Learned counsel appearing for the petitioner would submit that the marriage between the petitioner and the respondent was solemnised on 09.09.2015 at Arulmigu Angala Parameshwari Temple, Vallalar Nagar, Chennai-600 021. According to the learned counsel appearing for the petitioner, the respondent harrassed the petitioner in many ways from the date of marriage. However, the Mediation has also been organised for reunion, but the respondent has not co-operated for the same. In order to further harass the petitioner, the respondent filed a petition in O.P. No.

1883 of 2017 seeking divorce on the file of the Principal Family Court, Chennai by making false allegations against the petitioner. As the petitioner finds it difficult to undertake long journey alone which is about 327 kms from Tiruchirappalli to Chennai, she has been advised to come to this Court. Therefore, if the O.P. No.1883 of 2017 is transferred to the file of the Family Court, Tiruchirappalli, no prejudice will be caused to the respondent.

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3.Learned counsel appearing for the respondent, having filed counter affidavit, raised no objection for transferring the O.P. No.1883 of 2017.

4.Taking note of the facts that the petitioner has to travel long distance alone from her residence, no objection raised by the learned counsel appearing for the respondent and the respondent has not agreed for re-union, this Court is inclined to transfer the O.P. No.1883 of 2017 pending before the Principal Family Court, Chennai to the file of the Family Court, Tiruchirappalli. Accordingly, the Tr. C.M.P. is allowed and the O.P. No.1883 of 2017 pending on the file of the Principal Family Court, Chennai is withdrawn and transferred to the file of the Family Court, Tiruchirappalli.

5.The learned Family Judge, Tiruchirappalli is directed to take up the cass and dispose of the same expeditiously in the manner known to law. No costs. Consequently, C.M.P. No.7565 of 2019 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vga To 1.The Principal Judge, Family Court, Chennai.

2.The Judge, Family Court, Tiruchirappalli.

+1cc to Mr.D.Ramesh, Advocate Sr.65701 Tr.C.M.P. No.261 of 2019 and C.M.P. No.7565 of 2019 sv[co] srg 17/09/2019 https://hcservices.ecourts.gov.in/hcservices/