Soundarajan Breedha Amalee v. Jothi Devadoss Soundara Rajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10-3-2015

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Tr.CMP.No.591 of 2014 Soundarajan Breedha Amalee ... Petitioner

Versus

Jothi Devadoss Soundara Rajan ... Respondent This petition is filed under Section 24 of C.P.C. to transfer the IDOP.No.5 of 2010 pending on the file of District Court at Thiruvallur and transfer the same to the file of Family Court at Chennai.

For Petitioner : Mrs.Auxilia Peter For Respondent : No Appearance

ORDER

The wife has come before this Court seeking transfer of IDOP.No.5 of 2010 filed by the respondent from the file of Principal District and Sessions Judge, Thiruvallur to the file of the I Additional Family Court Chennai, where M.C.No.583 of 2013 filed by the petitioner praying for maintenance is pending. 2.

Though the respondent has been served and his name appears in the cause list, no one entered appearance and therefore, this court decides the matter on merits. 3.

It is contended by the petitioner that she is living with her minor son and daughter in Chennai and it is impossible for her to travel to Thiruvallur, to attend the case filed by the respondent husband on the file of the Principal District and Sessions Judge, Thiruvallur.

4.

Taking into consideration of the above contention of the learned counsel for the petitioner and also the pendency of M.C.No.583 of 2013 filed by the petitioner before the I Additional Family Court Chennai, it is appropriate to transfer https://hcservices.ecourts.gov.in/hcservices/

IDOP.No.5 of 2010 filed by the respondent from the file of the Principal District and Sessions Judge, Thiruvallur to the file of the I Additional Family Court, Chennai to be tried along with M.C.No.583 of 2013 filed by the petitioner. The petition is ordered. No costs. Consequently the connected M.P.No.1 of 2014 is closed.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar vk To 1.The Principal District and Sessions Judge, Thiruvallur. 2.The I Additional Family Court Chennai.

1 cc to M.s Auxilia Peter, advocate, Sr. 13818 Tr.CMP.No.591 of 2014 SAI (CO) kk 21/3 https://hcservices.ecourts.gov.in/hcservices/