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Madras High CourtTR CMP/822/2017allowed

Tina Marshall v. Arokia Mike Pradeep.M

2017-12-20Honourable Mrs Justice Pushpa Sathyanarayana6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.822 of 2017 and CMP.No.17001 of 2017 Tina Marshall ...

Petitioner

Versus

Arokia Mike Pradeep. M ...

Respondent Prayer: Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer the I.D.O.P.No.45 of 2017, pending on the file of Family Court at Trichy to Family Court, Chennai. For Petitioners : Mr.J.Justin and Solomon For Respondent : Mr.S.Martin ***

O R D E R This Transfer Civil Miscellaneous Petition is filed seeking to withdraw and transfer the I.D.O.P.No.45 of 2017 filed by the respondent/husband for divorce, pending on the file of Family Court at Trichy to 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 solemnized on 19.01.2012 at Trichy. It is further stated that due to some dispute, the respondent forcefully sent the petitioner from matrimonial home and now she is residing with her parents in Chennai. The respondent has filed I.D.O.P.No.45 of 2017, before the Family Court, Trichy seeking divorce. The petitioner further states that her parents are old and sick and it would be extremely difficult for her to travel from Chennai to Trichy alone to attend hearings before the Family Court, Trichy and therefore she filed this Transfer Civil Miscellaneous Petition seeking for the aforesaid relief.

3. Heard both sides. The learned counsel appearing for the

respondent has no serious objection in transferring the proceedings pending in I.D.O.P.No.45 of 2017 from the file of Family Court, Trichy to Family Court, Chennai.

4.Considering the facts and circumstances of the case and also considering the no objection having been stated by the learned counsel for the respondent, this Court feels it appropriate to transfer the proceedings pending in I.D.O.P.No.45 of 2017,on the file of Family Court, Trichy to the file of Family Court, Chennai.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the proceedings pending in I.D.O.P.No.45 of 2017,on the file of Family Court, Trichy is withdrawn and transferred to the file of Family Court, Chennai. No costs. Consequently, connected Miscellaneous Petition is closed.

20.12.2017 arr Index : Yes/No Internet :Yes/No Speaking order/Non speaking order Note: Issue order copy on 22.12.2017

PUSHPA SATHYANARAYANA,J arr To

1. The Family Court at Trichy

2. The Family Court, Chennai Tr.C.M.P.No.822 of 2017 and CMP.No.17001 of 2017 20.12.2017

Tr.C.M.P.No.804 of 2017 30.11.2017