Sindhuja v. Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL TR.C.M.P.NO.260 OF 2021 AND C.M.P.NO.6980 OF 2021 [VIDEO CONFERENCING] Sindhuja ... Petitioner .vs.

Kumar ... Respondent Prayer:- This Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the O.P.No.757 of 2021 on the file of the VI Additional Family Court, Chennai and to transfer the file of Thiruvallur Family Court.

For Petitioner :

Mr.B.Poongkhulali For Respondent :

No appearance

ORDER

1.The present Transfer Civil Miscellaneous Petition is filed to withdraw the O.P.No.757 of 2021 on the file of the VI Additional Family Court, Chennai and to transfer the file of the Family Court, Thiruvallur.

2.The respondent/husband has filed O.P.No.757 of 2021 before the VI Additional Family Court, Chennai, for divorce. 3.The learned counsel for the petitioner/wife submitted that the petitioner is residing with her aged parents home at Thiruvallur. Since, her parents having physical ailments they are unable to travel to anywhere along with the petitioner. He further submitted that the petitioner is working as a Station Master with the Southern Railways, Thiruvallur. The distance between the VI Additional Family Court, Chennai and the Family https://hcservices.ecourts.gov.in/hcservices/

Court, Thiruvallur is around 46 kms and in this circumstances, it is very difficult for the petitioner to travel from Thiruvallur to Chennai for attending the Court on every hearings in O.P.No.757 of 2021. Therefore, she seeks to transfer the case from the VI Additional Family Court, Chennai to the Family Court, Thiruvallur.

4.There is no representation on behalf of the respondent even today.

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, Thiruvallur.

6.Accordingly, O.P.No.757 of 2021 is withdrawn from the VI Additional Family Court, Chennai and transferred to the file of the Family Court, Thiruvallur, for disposal as per law. The learned VI Additional Family Judge, Chennai, is directed to transmit the papers to the file of the learned Judge, Family Court, at Thiruvallur, forthwith. The learned Judge, Family Court, at Thiruvallur, is directed to dispose of the case in O.P.No.757 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 II) //True Copy// Sub Assistant Registrar gbi To

1. The Judge, VI Additional Family Court, Chennai.

2. The Judge, Thiruvallur Family Court.

Tr.C.M.P.No.260 of 2021 and C.M.P.No.6980 of 2021 SPD(CO) CS/20/10/2021 https://hcservices.ecourts.gov.in/hcservices/