Mrs.Vijayabharathi v. Padmanaban
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2017 CORAM :
THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.150 of 2017 Vijayabharathi ... Petitioner Vs.
Padmanaban ... Respondent PRAYER:- Petition has been filed under Section 24 of C.P.C., to withdraw and transfer the H.M.O.P.No.118 of 2016 from the file of the Family Court, Thiruvallur and transfer to the file of the Family Court, Chennai.
For Petitioner : Mr.R. Balachanderan For Respondent : Mr.P.Britto
O R D E R
This petition is filed to withdraw H.M.O.P.No.118 of 2016 from the file of the Family Court, Thiruvallur and transfer to the file of the Family Court, Chennai.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 18.04.2014 as per Hindu rites and customs. Due to difference of opinion between them, both the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.118 of 2016 for divorce before the Family Court, Thiruvallur.
3. According to the petitioner, she is residing at Chennai along with her parents. The distance between Thiruvallur and Chennai is more than 40 kilometres and hence, it is very difficult for her to travel from Chennai to Thiruvallur to attend every hearing before Family Court, Thiruvallur. Further, the petitioner has no independent income and is depending on her parents for her day-to-day expenses including travelling expenses. Therefore, she prays for transfer of H.M.O.P.No. 118 of 2016 from the file of the Family Court, Thiruvallur to the file of the Family Court, Chennai.
4. Learned counsel for the respondent submitted that the respondent has no objection to transfer the case as sought for by the petitioner and he has also made an endorsement to that effect.
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5. Recording the no objection given by the learned counsel for the respondent, without deciding the issue on merits, the petition in H.M.O.P.No.118 of 2016 is ordered to be withdrawn from the file of the Family Court, Thiruvallur and transferred to the file of the Family Court, Chennai. The Presiding Officer, Family Court, Thiruvallur, is directed to transmit all the records pertaining to H.M.O.P.No.118 of 2016 to the file of the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar at/gv To
1. The Family Court, Thiruvallur.
2. The Family Court, Chennai.
Tr.C.M.P. No.150 of 2017 SP(13/07/2017) https://hcservices.ecourts.gov.in/hcservices/