Sylvia,D/O.Mr.Peter, v. Mr.Leo Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.01.2018 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.185 of 2017 and C.M.P.Nos.3446 and 15031 of 2017 Sylvia .. Petitioner -Vs.- Leo Prabhu .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw and transfer the petition in D.O.P.No.755 of 2016 from the file of the Principal Family Court, Coimbatore to the District Court, Chengalpet or any competent court to try the same.

For petitioner ... Mr.T.Raghavan For Respondent ... Mr.K.M.Ramesh

O R D E R

This transfer petition is filed by the wife in a matrimonial dispute seeking transfer of D.O.P.No.755 of 2016 filed by the husband on the file of the Principal Family Court, Coimbatore to the file of the District Court, Chengalpet.

2.

D.O.P.No.755 of 2016 is filed by the respondent-husband on the file of the Principal Family Court, Coimbatore for dissolution of marriage held between the petitioner and the respondent on 30.10.2014.

3.

In paragraph 16 of the affidavit filed in support of the petition, it is stated by the petitioner-wife that her husband's relatives and unidentified third persons, who are accompanying the respondent-husband, are threatening the petitioner, when she is attending the case at Coimbatore. It is also stated that the petitioner finds it difficult to travel to Coimbatore, that too with her one year old child. 4.

Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

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

5.

Learned counsel for the respondent-husband has got no serious objection for transferring the said D.O.P.No.755 of 2016 to any one of the Family Courts in Chennai, though the prayer sought for is to transfer the case to the District Court, Chengalpet.

6.

As both the learned counsels have agreed for transfer to any one of the Family Courts in Chennai, this Court is of the view that the said D.O.P may be transferred to any one of the Family Courts in Chennai.

7.

Accordingly, the transfer Civil Miscellaneous Petition is disposed of. D.O.P.No.755 of 2016 pending on the file of the Principal Family Court, Coimbatore shall stand withdrawn and transferred to the file of the Principal Judge, Family Court, Chennai. No costs. Consequently, connected miscellaneous petition are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn To 1.

The Principal Judge, Family Court, Coimbatore 2.

The Principal Judge, Family Court, Chennai.

+1cc to Mr.K.M.Ramesh, Advocate SR.No.1005/18 sm:2.2.2018 Tr.C.M.P.No.185 of 2017 and C.M.P.No.15031 of 2017 https://hcservices.ecourts.gov.in/hcservices/