Madras High CourtTR CMP/149/2015allowed

S. Lalitha v. A.M. Senthil Kumar

2016-09-14Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Tr.CMP.No.149 of 2015 and MP.No.1 of 2015 S.Lalitha .. Petitioner Vs.

A.M.Senthil Kumar .. Respondent Prayer: Transfer Petition filed under Section 24 of Civil Procedure Code, praying to withdraw HMOP.No.29 of 2014 pending on the file of the Subordinate Court at Tiruchengode, Namakkal District and transfer the same to the Family Court, Salem. For Petitioner : Mr.M.Deivanandam For Respondent : Mr.C.Munusamy

ORDER

The respondent filed HMOP.No.29 of 2014 before the Sub Court, Tiruchengode. It was filed for a decree of divorce. The petitioner on the other hand filed FCOP.No.91 of 2014 before the Family Court at Salem, invoking Section 9 of the Hindu Marriage Act. Both the proceedings are pending before the concerned Court. The request is to transfer the proceedings from the file of Sub Court, Tiruchengode to the Family Court at Salem.

2. The learned counsel for the respondent on instructions submitted that the respondent has no objection for transfer.

3. The petitioner is stated to be a permanent resident of Salem. She has initiated the proceedings in FCOP.No. 91 of 2014 before the Family Court at Salem. It would be in the interest of both the parties to have the adjudication of the matters by a particular Court. Therefore, I am of the view that the matter requires transfer.

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4. The proceedings in HMOP.No.29 of 2014 is withdrawn from the file of Sub Court, Tiruchengode and is transferred to the Family Court at Salem. The learned Family Judge, Salem is requested to dispose of the petition as expeditiously as possible.

The transfer petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

ds To 1 The Subordinate Judge, Tiruchengode 2 The Judge Family Court, Salem +1 CC to Mr. M.Deivanandam, Advocate Sr.No.52103 +1 CC to Mr. C. Munusamy, Advocate Sr.No.52039 Tr.CMP.No.149 of 2015 MD : 20/10/2016 https://hcservices.ecourts.gov.in/hcservices/