← Library
Madras High CourtTR CMP/461/2017allowed

B. Gajapriya v. Dr. I. Katthikeyan,

2017-10-06Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.461 of 2017 and C.M.P.No.9419 of 2017 B.Gajapriya .. Petitioner -VsI.Karthikeyan .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw the H.M.O.P.No.54 of 2015 from the file of the Sub Court, Panruti and transfer the same to the file of the Family Court, Chennai.

For petitioner ... Mr.A.Arulmozhi For respondent ... Mr.S.Natana Rajan

O R D E R

This transfer petition is filed by the wife seeking transfer of H.M.O.P.No.54 of 2015 pending on the file of the Sub Court, Panruti to the Family Court, Chennai.

2. The respondent, who is the husband, has filed a divorce petition before the Sub Court, Panruti for dissolution of marriage held between the petitioner and the respondent on 01.02.2013.

3. It is the grievance of the petitioner that at present, she is residing in her maternal uncle's house for the purpose of doing M.Phil at Madras University. As she had to attend the classes regularly in Chennai, she finds it difficult to travel to Panruti to attend the Court hearings. Hence, she sought for transfer of the said case. 4.

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. Taking into consideration the grievances expressed by the petitioner that she has to travel all along from Chennai to Panruti and and that the convenience of the wife has to be given importance in the matrimonial proceedings, this transfer petition is allowed and H.M.O.P.No.54 of 2015 pending on the file of the Sub Court, Panruti shall stand withdrawn and transferred to any of the Family Court, Chennai. It is stated that the H.M.O.P is in the stage of cross examination of the respondent-husband. As the O.P itself is of the year 2015, the learned Judge, Family Court, Chennai, is directed to

dispose of the case on merits, on or before 31.01.2018. No costs. Consequently, connected miscellaneous petition is closed. 06.10.2017 srn To

1. The Sub Court, Panruti

2. The Family Court, Chennai.

PUSHPA SATHYANARAYANA.J srn Tr.C.M.P.No.461 of 2017 and C.M.P.No.9419 of 2017 06.10.2017