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Madras High CourtTR CMP/742/2017allowed

Mahalakshmi v. P.U.Srinivas

2017-10-31Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.CMP.No.742 of 2017 and CMP.No.15151 of 2017 Mrs. Mahalakshmi

...Petitioner/Respondent

Versus

Mr. P.U.Srinivas

...Respondent/Petitioner

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the H.M.O.P.No.57 of 2017 pending on the file of the SubOrdinate Judge, Chidambaram, and transfer the same to the file of the Family Court, Chennai.

For Petitioner : Mr.A.Arulmozhi For Respondent : Mr.Balanatarajan

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the petitioner, praying to withdraw the H.M.O.P.No.57 of 2017 pending on the file of the Sub-Ordinate Judge, Chidambaram, and transfer the same to the file of the Family Court, Chennai.

2. In the affidavit filed in support of this petition, it is stated that the marriage between the petitioner and the respondent was solemnised on 25.10.2015 at Kumbakonam. Due to misunderstanding, the petitioner and the respondent got separated and the respondent had filed a petition before the Subordinate Court, Chidambaram seeking divorce. It is further stated that the petitioner/wife is residing at Chennai with her 63 years old mother and her father is a doctor (Dermatologist) by profession and he is residing at Salem. Hence, he is unable to accompany her to Chidambaram to attend the case. Therefore, the petitioner has filed this Transfer Civil Miscellaneous Petition seeking for transfer of H.M.O.P.No.57 of 2017 pending on the file of the Sub-Ordinate Judge, Chidambaram to Family Court, Chennai.

3. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the respondent submits that the respondent has no objection to transfer the proceedings pending before the Suboridnate Court, Chidambaram to Family Court, Chennai.

5. Considering the facts and circumstances of the case and also in view of the no objection stated by the learned counsel for the respondent, this Court is inclined to transfer the proceedings pending on the file of Subordinate Court, Chidambaram to any of the Family Courts, Chennai.

6. Accordingly, this petition is allowed and the H.M.O.P.No.57 of 2017 pending on the file of the Sub-Ordinate Judge, Chidambaram, is withdrawn and transferred to any of the Family Courts at Chennai. No Costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar raja/arr To

1. The Sub-Ordinate Judge, Chidambaram.

2. The Judge, Family Court, Chennai.

+1cc to Mr.A.Arulmozhi, Advocate in sr.no.76923 Tr.CMP.No.742 of 2017 and CMP.No.15151 of 2017 KK(CO) NR 04/12/2017 https://hcservices.ecourts.gov.in/hcservices/