P.Suganya v. H.Purushothaman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.No.420 of 2021 and C.M.P.No.10248 of 2021 [Through video conferencing] P.Suganya

...Petitioner

-vsH.Purushothaman

...Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to pass orders to withdraw the O.P.No.1628 of 2021 pending on the file of the learned I Additional Principal Family Judge at Chennai and to transfer the same to the file of the Family Court at Thiruvallur and pass such other order or orders as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner : Mr.M.Thirumalai For Respondent : No appearance

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the O.P.No.1628 of 2021 pending on the file of the learned I Additional Principal Family Judge at Chennai and to transfer the same to the file of the Family Court at Thiruvallur.

2.The respondent/husband has filed O.P.No.1628 of 2021 before the Principal Family Court at Chennai for divorce. 3.The learned counsel for the petitioner/wife submitted that the petitioner is residing in Melanur Village in Thiruvallur District with her aged parents house and she is having two female child among them one child is just 6 months old. He would further submit that the petitioner is depending on her age old parents and the petitioner's father is suffering from many ailments and in this circumstances, it is very difficult for the petitioner to travel alone from Thiruvallur to Chennai for attending the Court on every hearings in O.P.No.1628 of 2021. Therefore, he seeks to https://hcservices.ecourts.gov.in/hcservices/

transfer the case from the file of the I Additional Family Court at Chennai to the file of the Family Court at Thiruvallur.

4.Heard the learned counsel for the petitioner and perused the materials available on record.

5.There is no representation for the respondent. 6.Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case to the file of the Family Court at Thiruvallur.

7.Accordingly, O.P.No.1628 of 2021 is withdrawn from the file of the I Additional Principal Family Court at Chennai and to transfer the same to the file of the Family Court at Thiruvallur. The learned I Additional Principal Family Judge at Chennai is directed to transmit the papers to the file of the Family Court at Thiruvallur. The learned Family Judge at Thiruvallur is directed to dispose of the case in O.P.No.1628 of 2021 on merits and in accordance with law as expeditiously as possible.

8.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar ssi To:

1.

The I Additional Principal Family Court, Chennai.

2. The Family Court, Thiruvallur.

Tr.C.M.P.No.420 of 2021 and C.M.P.No.10248 of 2021 PL(CO) CT (08/09/2021) https://hcservices.ecourts.gov.in/hcservices/