Hemalatha v. M.Prathap

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P.No.221 of 2018 and C.M.P.No.5629 of 2018 Hemalatha ... Petitioner Vs.

M.Prathap ... Respondent Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.438 of 2017 pending on the file of the Sub Court, Tambaram and transfer the same to the file of Family Court, Chennai or any other Court.

For Petitioner : Mr.R.Ganesh Kumar For Respondent : Mr.D.Ajith Kumar for Mr.S.Raja Ravi Varma

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.438 of 2017 pending on the file of the Sub Court, Tambaram and transfer the same to the file of Family Court, Chennai or any other Court.

2.When the Transfer Civil Miscellaneous Petition is taken up for hearing, the learned counsel for the respondent filed counter affidavit and denied all the allegations made against the respondent. He also submitted that the respondent has no objection to transfer H.M.O.P.No.438 of 2017 pending on the file of the Sub Court, Tambaram to Family Court, Chennai and made an endorsement to that effect.

3.Heard the learned counsel for the petitioner as well as the respondent.

4.In view of the submission and endorsement so made by the learned counsel for the respondent, without deciding the issue on merits, the petition in H.M.O.P.No.438 of 2017 pending on the https://hcservices.ecourts.gov.in/hcservices/

file of the Sub Court, Tambaram is ordered to be withdrawn and transferred to the file of the Family Court, Chennai. The learned Subordinate Judge, Tambaram is directed to transmit all the records pertaining to H.M.O.P.No.438 of 2017 to the file of the Family Court, Chennai within a period of two weeks from the date of receipt of a copy of this order.

5.Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar gsa To 1.The Subordinate Judge, Tambaram.

2.The Judge, Family Court, Chennai.

+1cc to Mr.R.Ganesh Kumar, Advocate SR.No.48998 +1cc to Mr.S.Rajaravi Varma, Advocate SR.No.48999 Tr.C.M.P.No.221 of 2018 and C.M.P.No.5629 of 2018 SS(CO) GN(10/08/2018) https://hcservices.ecourts.gov.in/hcservices/