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Madras High CourtTR CMP/123/2015allowed

Mrs.Yuvalakshmi @ Devi v. Mr.Chandran

2017-01-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.123 of 2015 & M.P.No.1 of 2015 Yuvalakshmi @ Devi

...Petitioner

Vs.

Chandran

...Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw H.M.O.P.No.208 of 2013 pending on the file of the Principal Sub-Court, Chengalpet and transfer the same to the III Additional Family Court, Chennai, be tried along with M.C.No.7 of 2014. For petitioner : Mr.D.Thirumoorthy For respondent : No appearance

ORDER

The wife has filed this Tr.C.M.P. for withdrawing H.M.O.P.No.208 of 2013 filed by the respondent-husband, on the file of the Principal Sub-Court, Chengalpet and transfer the same to III Additional Family Court, Chennai, wherein, the wife has filed M.C.No.7 of 2014.

2. The petitioner-wife has set out usual reasons of difficulty of travel and having small child and dependant, aged mother.

3. Despite service of notice, the respondent has not appeared either in person or through counsel.

4. Though the H.M.O.P. is of the year 2013, it is stated that only now, the trial has commenced and the petitioner has been forced to go to Chengalpet and appear before the Court. In M.C.No.7 of 2014, the respondent-husband has been appearing before the Additional Family Court, Chennai. He has not appeared before this Court. Hence, it has to be taken that the respondent-husband has no objection for transfer of the case. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, this Tr.C.M.P. is allowed and H.M.O.P.No.208 of 2013 pending on the file of the Principal Sub-Court, Chengalpet, shall be transferred to the III Additional Family Court, Chennai, to be tried along with M.C.No.7 of 2014. M.P. is closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cs Copy to

1. The Principal Sub-Judge, Chengalpet.

2. The III Additional Judge, Family Court, Chennai.

+1cc to Mr.Arthi, Advocate, S.R.No.2745 SN(CO) RS(03/02/2017) Tr.C.M.P.No.123 of 2015 https://hcservices.ecourts.gov.in/hcservices/