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Madras High CourtTR CMP/267/2019allowed

E.Jayashree v. M.Meiyalagan

2019-07-01Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.07.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.267 of 2019 and C.M.P. No.7698 of 2019 E.Jayashree ... Petitioner -vsV.Meiyalagan ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw and transfer the H.M.O.P.No.10 of 2019 on the file of Subordinate Court at Vaniyambadi, Vellore District to Family Court at Chennai.

For Petitioner : Ms.T.Ramadevi For Respondent : No Appearance

O R D E R

The Transfer C.M.P. has been filed by the petitioner to withdraw and transfer the H.M.O.P. No.10 of 2019 pending on the file of the Subordinate Court, Vaniyambadi, Vellore District to the file of the Family Court, Chennai 2.As the petitioner finds it difficult to contest the petition in H.M.O.P. No.10 of 2019 before the Subordinate Court, Vaniyambadi, Vellore District, which is far away from her residence, she has been advised to come to this Court seeking transfer.

3.As per the records maintained by the registry, notice sent to the respondent was returned with an endorsement 'unclaimed' and private notice taken by the counsel for the petitioner with the leave of the Court has been returned with an endorsement 'left without instruction', but there is no representation on behalf of the respondent either by engaging counsel or by himself.

https://hcservices.ecourts.gov.in/hcservices/

4.Taking note of the fact that although notice has been served on the respondent, no one appeared on his behalf, which shows that the respondent has no objection in allowing the petition, this Court is inclined to transfer the H.M.O.P. No.10 of 2019 pending on the file of the Subordinate Court, Vaniyambadi, Vellore District to the file of the Family Court, Chennai. Accordingly, the Tr. C.M.P. is allowed and the H.M.O.P. No.10 of 2019 pending on the file of the Subordinate Court, Vaniyambadi, Vellore District is withdrawn and transferred to the file of the Family Court, Chennai.

5.The Family Court, Chennai is directed to take up the case and dispose of the same expeditiously in the manner known to law. No costs. Consequently, C.M.P. No.7698 of 2019 is closed. s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar vga To 1.The Subordinate Judge Vaniyambadi, Vellore District.

2.The Judge Family Court, Chennai.

+2 CCS to M/s.T.Ramadevi, Advocate sr 54330.

Tr. C.M.P. No.267 of 2019 and C.M.P. No.7698 of 2019 BP(CO) SP(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/