K.J.Jackulene v. Alocious Rabhael Raja

IN THE HIGH COURT OF JUDICTURE AT MADRAS

DATED:14.03.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P. No.531 of 2017 and C.M.P.No.10879 of 2017 K.J.Jackulene ... Petitioner versus Alocious Rabhael Raja ... Respondent Prayer:- The Petition is filed under Section 24 of C.P.C. praying to withdraw I.D.O.P.No.140 of 2016 pending on the file of Principal District Court, Tiruvallur and transfer the same to the file of District Court, Thiruvannamalai. For Petitioner : Mr.B.Jawahar For Respondent : Mr.K.G.Senthilkumar

O R D E R

The petitioner/wife in the matrimonial disputes has filed this Transfer Civil Miscellaneous Petition seeking to withdraw I.D.O.P.No.140 of 2016 filed by the respondent/husband under Section 10(1)(x) of the Indian Divorce Act for divorce on the ground of cruelty, pending on the file of Principal District Court, Thiruvallur and transfer the same to the file of District Court, Thiruvannamalai.

2. In the affidavit filed in support of the petition it is stated that the petitioner/wife is having three years old school going female child. She is also unemployed and has no source of independent income and dependent on her parents for day to day life. The Principal District Court, Thiruvallur is 200 kms. away from her residence and it will be difficult for her to travel for each hearing, as there is no direct access to transport also. Hence, the transfer is sought for.

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

4. Considering the convenience of the petitioner/wife, as she has a school going female child, it would be appropriate to transfer I.D.O.P.No.140 of 2016 from Principal District Court, Thiruvallur to District Court, Thiruvannamalai. The learned counsel appearing for the respondent/husband has sought for transfer to District Court, Kancheepuram being the middle place for both the parties. However, transferring I.D.O.P. from Thiruvallur to Thiruvannamalai atleast save one person's inconvenience. https://hcservices.ecourts.gov.in/hcservices/

5.

Accordingly, the Transfer Civil Miscellaneous petition is allowed and I.D.O.P.No.140 of 2016, pending on the file of Principal District Court, Thiruvallur is transferred to the file of District Court, Thiruvannamalai. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(ccc) //True Copy// Sub Assistant Registrar To

1. The Principal District Judge, Thiruvallur.

2. The District Judge, Thiruvannamalai.

+1cc to Mr.K.G.Senthilkumar, Advocate Sr.No.19341 +1cc to Mr.B.Jawahar, Advocate Sr.No.19405 PA(CO) sm:3.4.2018 Tr.C.M.P. No.531 of 2017 and C.M.P.No.10879 of 2017 https://hcservices.ecourts.gov.in/hcservices/