Sarada Yatharthini v. Mr.Surya Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.740 of 2014 & M.P.No.1 of 2014 Sarada Yatharthini D/o.C.Somasundaram, Door No.75, Bharathi Nagar, RGST Street, Markadai, Lakshmimangudi (Post), Thiruvarur District - 614 102 ... Petitioner Vs.

Surya Prakash, S/o.M.Vairanathan, No.12, Ground Floor, Mullai Street, Periyar Padhai, Choolaimedu, Chennai 600 094 ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code praying to withdraw H.M.O.P.No.3455 of 2014 pending on the file of III Additional Family Court, Chennai and transfer the same to the file of Sub Court, Mannargudi.

For Petitioner :

Mr.G.Sanjeevi

O R D E R

This transfer Civil Miscellaneous Petition has been filed by the wife of the respondent for transferring H.M.O.P.No.3455 of 2014 pending on the file of III Additional Family Court, Chennai to the Court of Sub Judge, Mannargudi on the ground that the petitioner herein resides within the jurisdiction of the said Court and that she will experience much hardship, if she travels from Mannargudi to Chennai to contest the case filed by her husband in H.M.O.P.No.3455 of 2014.

2.

Though the respondent was served with notice privately with the permission of this Court and his name has been printed in the cause list, he has not chosen to enter appearance either in person or through Counsel.

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

3.

Considering the reasons assigned by the petitioner for seeking transfer of the case from the III Additional Family Court, Chennai to Sub Court, Mannargudi and the fact that the respondent has not chosen to appear to refute the claim, this Court deems it appropriate to allow the transfer Civil Miscellaneous Petition.

4.

Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.3455 of 2014 pending on the file of III Additional Family Court, Chennai is withdrawn and transferred to the file of Sub Court, Mannargudi. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The III Additional Family Court Judge, Chennai.

2. The Subordinate Judge, Mannargudi.

Tr.C.M.P.No.740 of 2014 & M.P.No.1 of 2014 kk(CO) srg(08/03/2016) https://hcservices.ecourts.gov.in/hcservices/