R. Karuna Prabha v. M. Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2015 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Tr.C.M.P. No.874 of 2014 and M.P.No.1 of 2014 R.Karuna Prabha .. Petitioner/Respondent Vs.

M.Rajkumar .. Respondent/Petitioner Prayer:- Petition has been filed under Section 24 of C.P.C., praying, to withdraw the original petition filed by the respondent herein before the Principal Family Court, Chennai in O.P.No.4338/2014 and transfer the same to Sub Court, Gudiyatham, Vellore District. For Petitioner : Mr.D.Rajagopal For Respondent : Mr.M.Santhanaraman

O R D E R

The petitioner/wife, who is the respondent in O.P.No.4338 of 2014 on the file of the Principal Family Court, Chennai has filed this petition to transfer the same to the Sub Court, Gudiyatham, Vellore District.

2. Learned counsel appearing for the petitioner/wife submitted that the petitioner is residing in Gudiyatham and the distance between Gudiyatham and Chennai would be around 400 kms (to and fro). So, it is very difficult for her to travel from Gudiyatham to attend the Court at Chennai. Hence, she prays for transfer the case to the file of the Sub-Court, Gudiyatham, Vellore District.

3. Learned counsel for the respondent/husband submitted that the respondent has no objection to transfer the case to the file of the Sub-Court, Gudiyatham, Vellore District. It is further submitted that he sought for an earlier disposal of the petition in O.P.No.4338 of 2014.

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4. Considering the arguments of both sides, since the respondent has no objection to transfer the case, the petition in O.P. No.4338 of 2014, which is now pending on the file of the Principal Family Court, Chennai, is ordered to be withdrawn and transferred to the file of the Sub-Court, Gudiyatham, Vellore District, for disposal in accordance with law. The Presiding Officer, Principal Family Court, Chennai is directed to transmit all the records pertaining to O.P.No.4338 of 2014 to the Sub-Court, Gudiyatham, Vellore District, within a period of fifteen days from the date of receipt of a copy of this order. The Presiding Officer, Sub-Court, Gudiyatham, Vellore District, is directed to dispose of the petition in O.P.No.4338 of 2014, after giving fair opportunity to both sides, within six months from the date of receipt of the material papers.

5. With the above direction, the Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Cse Sd/- Assistant Registrar (C.C.C.) /True Copy/ Sub-Assistant Registrar To

1. The Principal Family Court, Chennai.

2. The Subordinate Judge, Sub-Court, Gudiyatham, Vellore District.

+1 C.C. To MR.M.Santhanaraman, Advocate in SR.NO.60212 +1 C.C. To D.Rajagopal, Advocate in SR.NO.59738 Tr.C.M.P. No.874 of 2014 and M.P.No.1 of 2014 PVR(CO) sd : 17/11/2015 https://hcservices.ecourts.gov.in/hcservices/