S.Aparnaa v. S.Guruprasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.08.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.231 of 2019 and CMP No.6966 of 2019 S. Aparnaa ... Petitioner Vs.

S. Guruprasad ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw HMOP No.4385 of 2018 pending on the file of III Additional Family Court, Chennai and transfer the same to Family Court, Krishnagiri.

For Petitioner : Ms.Geetha Ramaseshan For Respondent : Mr.R. Kannan

O R D E R

S. Aparnaa, Petitioner herein, wife of S.

Guruprasad/respondent herein, has come to the court seeking to withdraw HMOP No.4385 of 2018 pending on the file of III Additional Family Court, Chennai and transfer the same to Family Court, Krishnagiri.

2. The learned counsel for the petitioner submitted that since the respondent is working at Bangalore, the distance is only about 60 kms for him to come and participate in the proceedings, if the case is transferred to Family Court, Krishnagiri.

3.

The learned counsel appearing for the respondent sought time as the counsel on record is held up with pre-occupation. 4.

This Court finds that there is merit in the submission made by the learned counsel for the petitioner/wife. Since the respondent/husband is working at Bangalore, it will be easy for him to participate in the proceedings, since the distance between Bangalore and Krishnagiri is about 60 kms. Moreover, the distance between Bangalore to Chennai is about 350 kms. Considering the fact that balance of convenience is in favour of the wife, this court is inclined to accede to the request of the transfer. Hence, the Transfer CMP is allowed. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, the Tr.C.M.P. is allowed and the H.M.O.P.No.4385 of 2018 pending on the file of III Additional Family Court, Chennai is withdrawn and transferred to the file of Family Court, Krishnagiri.

6. The learned Judge, III Additional Family Court, Chennai is directed to send the entire records relating to HMOP No.4385 of 2018 to the Family Court, Krishnagiri forthwith and the learned Judge, Family Court, Krishnagiri is directed to take up HMOP.4385 of 2018 and dispose of the same expeditiously in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judge, III Additional Family Court, Chennai

2. The Judge, Family Court, Krishnagiri +1 cc to M/s.Geetha Ramaseshan,Advocate Sr.No. 75857 AKM/01.10.19/2P- 4C / AKM/31.10.19 Tr. C.M.P. No.231 of 2019 https://hcservices.ecourts.gov.in/hcservices/