P.Uma Maheswari v. B.Balaji @ Balaji Sai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-06-2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.360 of 2017 and C.M.P.No.7092 of 2017 P.Uma Maheswari ..Petitioner Vs.

B.Balaji @ Balaji Sai Bhujargga ..Respondent Petition filed under Section 24 of the Civil Procedure Code, to withdraw the HMOP No.626 of 2016 on the file of Sub Court, Tambaram to be transferred the same to Family Court, Thiruchirappalli.

For Petitioner : Mr.B.Kumarasamy For Respondent : Mrs.Santhakumari

O R D E R

This transfer petition is filed to withdraw the HMOP No.626 of 2016 pending on the file of the Sub Court, Tambaram and transfer the same to Family Court, Thiruchirappalli.

2. When the matter is taken up for hearing, the learned counsel for the respondent submitted that various cases filed by the petitioner against the respondent with false allegations were dismissed. Subsequent the respondent filed HMOP No.626 of 2016 before Sub Court, Tambaram seeking divorce against the petitioner. In the said HMOP, the petitioner did not appear and hence she was set exparte and the case is posted for hearing on 05.07.2017 for recording exparte evidence. In the said circumstances, the petitioner has no locus standi to maintain this transfer petition.

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3. Recording the submission made by the learned counsel for the respondent, this transfer civil miscellaneous petition is dismissed. No costs. However, it is open to the petitioner to file a fresh transfer petition, if the exparte order passed in HMOP No.626 of 2016 is set aside.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rgr To The Subordinate Judge, Tambaram.

+ 1 cc to M/s. K. Santhakumar, Advocate Sr.44601 + 1 cc toMr.B. Kumarasamy, Advocate SR.44611 Tr.C.M.P.No.360 of 2017 AK(CO) Eu 3.8.17 https://hcservices.ecourts.gov.in/hcservices/