Jayalakshmi v. Hari Narayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2017 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.288 of 2017 and C.M.P.No.5454 of 2017 Jayalakshmi ... Petitioner Vs.

Hari Narayanan ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw the F.C.O.P.No.26 of 2017 from the file of the Family Court, Chengalpattu and transfer the same to any one of the Family Courts at Chennai.

For Petitioner : Mr.S.Thirumavalavan For Respondent : Manoj Sreevatsan

O R D E R

This petition is filed to withdraw the F.C.O.P.No.26 of 2017 from the file of the Family Court, Chengalpattu and transfer the same to any one of the Family Courts at Chennai.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 05.03.2012, as per Hindu rites and customs. In the wedlock, a male child was born on 02.01.2013. Due to dispute, both of them are living separately. The petitioner has filed M.C.No.460 of 2016 , on the file of the II Additional Family Court, Chennai for maintenance of herself and her child. On receiving the notice, the respondent filed F.C.O.P.No.26 of 2017 before Family Court, Chengalpattu for divorce against the petitioner, on the ground of cruelty.

3. 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. He further submitted that the respondent is working at Singapore and his appearance may be dispensed with. He may be directed to appear as and when required before the learned Judge. https://hcservices.ecourts.gov.in/hcservices/

4. Recording the submission and endorsement made by the learned counsel for the respondent, without deciding the issue on merits, the petition in H.M.O.P.No.26 of 2017 is ordered to be withdrawn from the file of Family Court, Chengalpattu and transferred to the file of Family Court, Chennai. The presiding Officer, Family Court, Chengalpattu, is directed to transmit all the records pertaining to H.M.O.P.No.26 of 2017 to the file of Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order. The presence of the respondent is dispensed with. However, he is directed to appear before the Trail Court, as and when required.

5. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rgr/gsk To 1.The Presiding Officer, The Family Court, Chengalpattu.

2.The Presiding Officer, Family Court, Chennai.

+1cc to Mr.Manoj Sreevatsan, Advocate, SR.No.43271 +1cc to Mr.S.Thirumavalavan, Advocate SR.No.43269 Tr.C.M.P. No.288 of 2017 VGI(CO) GN(24/07/2017) https://hcservices.ecourts.gov.in/hcservices/