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Madras High CourtTR CMP/359/2019allowed

Bhanupriya@Bhanupriyanka v. K.Mohan

2019-07-04Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.359 of 2019 Bhanupriya @ Bhanupriyanka W/o K.Mohan .. Petitioner -vsK.Mohan .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.40 of 2019 pending on the file of the Family Court, Cuddalore and transfer the same to the file of the Family Court, Puducherry. For Petitioner ::

Mr.D.Ravi Chander For Respondent ::

Mr.D.Bhaskar

ORDER

The petitioner, Bhanupriya @ Bhanupriyanka, wife of the respondent herein has come to this Court seeking withdrawal of the pending H.M.O.P.No.40 of 2019 filed for dissolution of the marriage that took place between the petitioner and the respondent on 21.1.2018, on the ground that the petitioner being a woman is struggling to maintain her life single-handedly without any aid from her parents. As she is also residing at Lawspet, Puducherry, to reach Cuddalore, she has to travel in a bus without any assistance which will take a minimum of 1 1⁄2 hours to reach Cuddalore and also to come back, it will take the same 1 1⁄2 hours. Whereas in the case of the respondent, no prejudice would be caused, because, he is already working in Bangalore and when he is coming to Cuddalore, he can easily come to Puducherry, where he has got more transport facilities.

2. Heard both sides.

3. As the petitioner is aged about 28 years and residing at Lawspet, Puducherry, as rightly canvassed, to reach the Family Court at Cuddalore, she has to undertake a long travel without any assistance that will also take 1 1⁄2 years and again to go back, she will have to undertake a long journey. Therefore, https://hcservices.ecourts.gov.in/hcservices/

this Court finds no impediment to accept the prayer for transfer. Accordingly, Tr.C.M.P.No.359 of 2019 is allowed and the pending H.M.O.P.No.40 of 2019 filed by the respondent before the Family Court, Cuddalore is withdrawn and transferred to the Family Court, Puducherry. Consequently, C.M.P.No.10254 of 2019 is closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar ss To

1. The Family Court Judge Cuddalore

2. The Family Court Judge Puducherry +1 cc to Mr.R.Gururaj, Advocate, Sr.No. 56638 +1 cc to Mr.D.Ravichandrer, Advocate, Sr.No. 56015 Tr.C.M.P.No.359 of 2019 PM(CO) CSL/30.07.2019 https://hcservices.ecourts.gov.in/hcservices/