A.Kalaivani @ Mariyal v. S.Prathap @ Jebamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.515 of 2017 and C.M.P.No.10647 of 2017 A.Kalaivani (alias) Mariyal ...

Petitioner

Versus

S.Prathap(alias) Jebamani ...

Respondent Prayer: Petition filed under Section 24 of the Civil Procedure Code praying to withdraw the H.M.O.P.No.1749 of 2014 from the file of Principal Family Court, Chennai and to transfer the same to the Principal Sub-Court, Thiruvallur.

For Petitioner : Mr. K.Grahalakshmi For Respondent : Mr.V.Bhiman

O R D E R

This petition has been filed by the petitioner/wife seeking to withdraw the H.M.O.P.No.1749 of 2014, filed by the respondent/husband, from the file of Principal Family Court, Chennai and to transfer the same to the Principal Sub-Court, Thiruvallur.

2. Heard both sides.

3. In the affidavit filed in support of this petition, the petitioner/wife has expressed her difficulty in attending each and every hearing for the proceedings in H.M.O.P.No.1749 of 2014, before the Family Court, Chennai, since, she has to spend huge amount for commuting and taking the minor child also with her from the Moovur Village, Tiruvallur District to Chennai.

4. The learned counsel appearing for both sides has stated that pleadings are completed in the matter.

5. It is seen that the wife is living in Moovur Village, Tiruvallur District and the husband is living in Kodungaiyur. https://hcservices.ecourts.gov.in/hcservices/

It would be easier for both of them to have the matter heard in Tiruvallur instead of Family Court, Chennai.

6. In view of the same, the H.M.O.P No.1749 of 2014 filed by the respondent/husband before the Principal Family Court, Chennai is withdrawn and is transferred to the file of the Sub Court, Thiruvallur. The Court below is directed to transmit all the papers pertaining to the above petition immediately to the Family Court, Thiruvallur after receipt of a copy of this order. Since, the proceedings in H.M.O.P.No.1749 of 2014, is pending from 2014, the Family Court, Thiruvallur is directed to dispose of the same, on or before 30.04.2018.

7. This Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar arr To 1.The Principal Family Court, Chennai

2. The Family Court, Tiruvallur.

+ 1 cc to M/s. S. Alexraj, Advocate Sr.73035 + 1 cc to M/s. V. Bhiman, Advocate Sr.73179 Tr.C.M.P.No.515 of 2017 GMI(CO) EU(17/11/2017) https://hcservices.ecourts.gov.in/hcservices/