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Madras High CourtTR CMP/159/2017allowed

Mrs.Shalini,W/O.P.Karthigayan v. Mr.P.Karthigayan

2017-10-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.159 of 2017 and C.M.P.No.2971 of 2017 Shalini ... Petitioner

Versus

P. Karthigayan ...

Respondent Prayer: Petition filed under Section 24 of the Civil Procedure Code praying to withdraw the H.M.O.P.No.522 of 2016 filed by the respondent herein pending on the file of Family Court, Puducherry, and transfer the same to the Family Court, at Chennai.

For Petitioner : Mr.R.Manickam For Respondent : Ms.V.Alamelu

O R D E R

The wife in a matrimonial proceedings has filed the above transfer Civil Miscellaneous Petition seeking to withdraw H.M.O.P.No.522 of 2016 pending on the file of the Family Court, Pondicherry and transfer the same to the file of Family Court, Chennai. The husband has filed the above H.M.O.P.No.522 of 2016 under Section 13 (1) (i-a) & (i-b) of the Hindu Marriage Act, before the Family Court, Pondicherry for divorce.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. Admittedly, the petitioner/wife is living in Srilanka and respondent/husband is living in Dubai. The wife in her affidavit has mentioned her temporary address situated at Pallavaram. The learned counsel for the respondent/husband has got no objection for the transfer of the above H.M.O.P.522 of 2016 to any other Court. However, it is reinstated by both the parties that any Sub Court would be preferable as the parties have to appear only during the trial.

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

4. Considering the request made by the learned counsel on both sides, it would be appropriate to transfer H.M.O.P.No.522 of 2016 from the file of Family Court, Pondicherry to Sub Court, Tambaram. Accordingly, the transfer petition is allowed by withdrawing H.M.O.P.No.522 of 2016 pending on the file of the Family Court, Pondicherry and transferring the same to the file of Sub Court, Tambaram. No Costs. Consequently, connected miscellaneous petition is closed.

rsi sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR To

1. The Judge, Family Court, Pondicherry.

2. The Sub Judge, Tambaram, Chennai.

+2 CC to Mr.R.Manickam , Advocate Sr.No.73292 +1 CC to Mr.V.Alamepu , Advocate Sr.No.73815 Tr.C.M.P.No.159 of 2017 and C.M.P.No.2971 of 2017 SS (CO) MLT 14/11/2017 https://hcservices.ecourts.gov.in/hcservices/