Padmasri@Yuvasri v. Sathishkumar Mane

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2019 CORAM :

THE HONOURABLE MR. JUSTICE T.RAJA Tr.C.M.P.No.299 of 2019 Padmasri @ Yuvasri ... Petitioner Vs.

Sathishkumar Mane ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., praying to withdraw F.C.O.P.No.84 of 2018, pending on the file of the Family Court, Chengelpet, Kancheepuram District, and transfer the same to the file of the Family Court, Tanjore District.

For Petitioner : Mr.T.Vijayalakshmi For Respondent : Mr.Mustaq Ahmed

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw F.C.O.P.No.84 of 2018 pending on the file of the learned Family Court, Chengalpet, and to transfer the same to the file of the learned Family Court, Tanjore.

2. The petitioner is the wife and the respondent is the husband. The above said F.C.O.P.No.84 of 2018 was filed by the respondent/husband on the file of the learned Family Court, Chengalpet, seeking for divorce.

3.When the matter was taken up on 17.07.2019, this Court directed both the parties to appear in the Chamber on 25.07.2019 for an amicable settlement. Accordingly, although the respondent/husband appeared, the petitioner/wife did not appear due to some personal inconvenience. It is submitted by the respondent/husband that after the marriage was solemnized between them on 05.06.2017, they lived together only for few days and thereafter, petitioner/wife left the matrimonial home. It is further submitted that the petitioner/wife has some illegal affair with somebody else and therefore, it is not possible for reunion again.

4. On the other hand, refuting such allegation, https://hcservices.ecourts.gov.in/hcservices/

learned counsel for the petitioner/wife submitted that the petitioner/wife is ready to live with her husband and therefore, if this case is transferred to the Family Court, Tanjore, it would be convenient to her to attend each and every hearing as she has to take care of her old age parents. However, the respondent/husband submitted that the place of transfer sought for by the wife is more than 250 kms., therefore, this case may be transferred to a place which is convenient to both parties.

5. In view of the above, in the interest of both parties, this Court is inclined to transfer the above said OP to the file of the learned Family Court, Villupuram, which is 110 kms. away for both the parties. Accordingly, F.C.O.P.No.84 of 2018 filed by the husband is withdrawn from the file of the learned Family Court, Chengalpet, and consequently, transferred to the file of the learned Family Court, Villupuram. On such transfer, the learned Family Court, Villupuram, 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 disposed of.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar rkm To 1.The Judge, Family Court, Chengalpet.

2.The Judge, Family Court, Villupuram.

+1cc to Mr.N.Nagusah, Advocate, S.R.No.64577 +1cc to Mr.M.Mushtaq Ahmed Advocate, S.R.No.63986 SS(CO) CB(04/09/2019) Tr.C.M.P.No.299 of 2019 https://hcservices.ecourts.gov.in/hcservices/