T.K.Divya v. Sivasankar Raman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.337 of 2019 and C.M.P. No.9744 of 2019 T.K.Divya ... Petitioner -vsSivasankar Raman ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw and transfer the petition filed by the respondent in H.M.O.P.No.75 of 2017 on the file of the learned Principal Subordinate Judge, Chengalpattu to any one of the Family Court at Chennai. For Petitioner : Mr.R.Saravanakumar For Respondent : Dr.T.R.Prabhakaran

O R D E R

T.K.Divya, the petitioner/wife of Sivasankar Raman, the respondent herein has come to this court seeking transfer of pending HMOP.No.75 of 2017 from the learned Principal Subordinate Judge, Chengalpattu to the learned Family Court at Chennai, on the ground that the Petitioner has been living in Chennai with her son, who is seven years old and he is also studying in Chennai.

2. It is also stated that the respondent has filed H.M.O.P.No.75 of 2017 seeking divorce on the ground of cruelty and desertion. As the grounds alleged in the HMOP are completely false, the petitioner would be able to demonstrate her case, if the pending HMOP is transferred to the Family Court at Chennai, which will be convenient to her.

3. Heard both parties.

4. Since the petitioner is residing in Chennai with her son aged about seven years, who is also attending the school and taking note of fact that the Petitioner is working in Hindu Newspaper in Chennai, this court, finding no impediment to grant the prayer for transfer of pending HMOP from the file of the learned Principal Subordinate Judge, Chengalpattu to the learned Family Court at Chennai, is inclined to allow this Tr.C.M.P.. Accordingly, the Tr. C.M.P. is allowed and HMOP.No.75 of 2017 https://hcservices.ecourts.gov.in/hcservices/

pending before the learned Principal Subordinate Judge, Chengalpattu, is withdrawn and transferred to the file of the learned Family Court, Chennai.

5.The learned Judge, Family Court, Chennai, is directed to take up the case in HMOP.No.75 of 2017 and dispose of the same expeditiously in the manner known to law. No costs. Consequently, C.M.P. No.9744 of 2019 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nvsri To

1. ThePrincipal Subordinate Judge, Chengalpattu.

2. The Judge, Family Court, Chennai.

+1cc to M/s.E.Veda Bagath Singh, Advocate, S.R.No.49520 Tr. C.M.P. No.337 of 2019 MP(CO) RRS(02/08/2019) https://hcservices.ecourts.gov.in/hcservices/