V.Vijayalakshmi v. S.Duraibabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.271 of 2014 & M.P.No.1 of 2014 V.Vijayalakshmi ... Petitioner Vs.

S.Duraibabu ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the H.M.O.P.No.299 of 2013 pending on the file of Subordinate Court, Poonamallee and transfer the same to I Additional Family Court, Chennai for being tried along with M.C.No.92 of 2014 filed by the petitioner herein.

For Petitioner : Mr.R.Santhanam For Respondent : No appearance

O R D E R

The petitioner is the wife of the respondent. The respondent filed HMOP No.299 of 2013 on the file of Sub-Court, Poonamallee for dissolution of marriage.

2. The petitioner has filed the above Transfer C.M.P. to withdraw H.M.O.P.No.299 of 2013 from the file of Sub-Court, Poonamallee and to transfer the same to the file of I Additional Family Court, Chennai for being tried along with M.C.No.92 of 2014 filed by the petitioner.

3. Though notice was served on the respondent, he has not chosen to appear.

4. In view of section 19(iii-a) of the Hindu Marriage Act, H.M.O.P. may be tried at the place where the wife resides.

5. In these circumstances, I direct for withdrawal of H.M.O.P.No.299 of 2013 from the file of Sub-Court, Poonamallee and https://hcservices.ecourts.gov.in/hcservices/

transfer the same to the file of I Additional Family Court, Chennai to be tried along with M.C.No.92 of 2014. The Transfer C.M.P is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar svki To

1. The Subordinate Judge, Poonamallee

2. The I Additional Judge, Family Court, Chennai.

+1cc to Mr.R.Santhanam, Advocate, S.R.No.47549 Tr.C.M.P.No.271 of 2014 GR(CO) CA(11/09/2015) https://hcservices.ecourts.gov.in/hcservices/