Mrs.Shantha v. Mr.K.Srinivasa Prabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2015

CORAM

THE HON'BLE MR.JUSTICE N. KIRUBAKARAN Tr.CMP.No.651 of 2014 and M.P.No.1 of 2014 Mrs.Shantha ..Appellant /vs/ Mr.K.Srinivasa Prabu ..Respondent Prayer: Petition to withdraw H.M.O.P. No. 118 of 2014 on the file of Court of Subordinate Judge, Pollachi, Coimbatore District and transfer the same to the Family Court, Chennai. For Petitioner : Mr.S.Silambu Selvan For Respondent : No Appearance

JUDGMENT

The petitioner has filed the above petition before this court seeking transfer of H.M.O.P.No.118 of 2014 filed by the respondent husband for restitution of conjugal rights before Subordinate Judge, Pollachi, Coimbatore District to Family Court, Madras.

2.

The petitioner is working in a Private company at Madras along with her minor child. After notice, the respondent entered appearance through counsel namely, Mr.Veeraraghavan. Thereafter, the matter was posted before the Mediation Centre. 3.

Since, the mediation got failed, the matter was posted before this court on 11.06.2015. On that day, the learned counsel for the respondent would submit that the party has taken away the bundle. Therefore, this court directed the Registry to print the name of the respondent. The respondent's name appears in the cause list, but, no one appears on behalf of the respondent. Hence, this Court proceeds to decide the matter on merits.

4.

As the petitioner is living with her minor child and working in Chennai in a Private Company, it is impossible for the petitioner to travel 550kms to attend the hearing at Pollachi court. Therefore, for the sake of convenience of the petitioner and in the interest of the parties, H.M.O.P. No. 118 of 2014 filed by the respondent/husband before the Sub Court, Pollachi, Coimbatore https://hcservices.ecourts.gov.in/hcservices/

District, is withdrawn and transferred to the file of Family Court, Chennai. The transfer C.M.P. is ordered accordingly. No costs. Connected M.P. is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Subordinate Judge, Pollachi, Coimbatore District.

2. The Family Court, Chennai.

+1cc to Mr.S. Silambu, Advocate, S.R.No.29861 TEJ(CO) EU(26/06/2015) Tr.C.M.P.No.651 of 2014 https://hcservices.ecourts.gov.in/hcservices/