K.H.Anbu Vedhachalam v. M.Girija

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.12 of 2018 and C.M.P.No.188 of 2018 K.H.Anbu Vedhachalam ... Petitioner Vs.

M.Girija ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.186 of 2017 from the file of the Family Court, Vellore and transfer the same to the file of the Sub Court, Tambaram, Chennai.

For Petitioner : Ms.Jayasree Narasimhan For Respondent : No appearance

O R D E R

This petition is filed to withdraw H.M.O.P.No.186 of 2017 from the file of the Family Court, Vellore and transfer to the file of the Sub Court, Tambaram, Chennai.

2. The petitioner is the husband and respondent is the wife. The marriage between the petitioner and respondent was conducted on 26.06.2016 as per Hindu rites and customs. Due to dispute, both of them are living separately. The respondent filed H.M.O.P.No.186 of 2017 for declaring the marriage as null and void, on the file of the Family Court, Vellore.

3. The petitioner is a resident of Chennai and working in a software company in Chennai. The respondent is working in Vaishnava College, Chrompet, Chennai, and she is staying in hostel. Only to harass the petitioner, the respondent has filed the O.P. before the Family Court, Vellore. Unless the same is transferred to Sub Court, Tambaram, Chennai, the petitioner would be put to hardship.

5. Heard the learned counsel for the petitioner. Though the respondent entered appearance through counsel, when the matter is taken up, there is no representation for her either in person or through counsel.

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6. From the affidavit, it is seen that the petitioner has given complaint against the respondent in All Women Police Station, Tambaram and the respondent appeared for enquiry before the police authorities at Tambaram. Petitioner has stated that the respondent is working in Vaishnava College, Chennai and she is staying in a hostel in Chennai. This fact is not disputed.

7. In view of the above facts and circumstances, and considering the submissions made by the learned counsel for the petitioner, the petition in H.M.O.P.No.186 of 2017 is ordered to be withdrawn from the file of the Family Court, Vellore and transferred to the file of the Sub Court, Tambaram, Chennai. The Presiding Officer, Family Court, Vellore, is directed to transmit all the records pertaining to H.M.O.P.No.186 of 2017 to the file of the Sub Court, Tambaram, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

8. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar smi To 1.The Family Court, Vellore.

2.The Sub Court, Tambaram, Chennai.

+1 cc to Ms.Jayashree Narasimhan Advocate sr 27409 Tr.C.M.P. No.12 of 2018 and C.M.P.No.188 of 2018 gj(co) aa23/05/2018 https://hcservices.ecourts.gov.in/hcservices/