R. Ramya v. M. Gnanamurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN TR CMP NO.20 OF 2015 AND MP NO.1 OF 2015 R.Ramya ... Petitioner versus M.Ganamurugan ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure with a prayer to direct the respondent to withdraw and transfer the H.M.O.P.No.258 of 2013 on the file of the Principal Subordinate Judge, Thiruchirapalli to Subordinate Judge, Hosur.

For Petitioner :

Mr.R.Baskar For Respondent :

Mr.Karthik for M/s.V.Nicholas

O R D E R

The respondent initiated proceedings in H.M.O.P.No.258 of 2013, before the Principal Sub Court, Tiruchirapalli, against the petitioner, praying for a decree of divorce. The petitioner, on receipt of notice from the Trial Court, filed this petition for transfer.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The proceedings in H.M.O.P.No.258 of 2013 is now pending on the file of the Principal Sub Court, Tiruchirapalli.

4. The petitioner is a permanent resident of Hosur, in the District of Krishnagiri. The respondent is also a resident of Krishnagiri. Even though their marriage was solemnized at Krishnagiri, the respondent, in his Original Petition, has stated that the marriage was solemnized at Samayapuram, in the District of Tiruchirapalli. Now that, it is evident that both the parties are residing at Krishnagiri. In such circumstances, I am of the view that interest of justice would be subserved only by directing transfer of proceedings in H.M.O.P.No.258 of 2013 to a Court at Hosur.

5. The proceedings in H.M.O.P.No.258 of 2013 is withdrawn from the file of Principal Sub Court, Tiruchirapalli, and is transferred to the file of Sub Court, Hosur, Krishnagiri District, for disposal on merits.

6. The Transfer Civil Miscellaneous Petition is allowed with the above observation. No costs. Consequently, connected miscellaneous petition is closed.

21.10.2016 Index : Yes/No Internet : Yes/No TK To 1.The Principal Sub Court Tiruchirapalli.

2.The Sub Court Hosur, Krishnagiri District.

K.K.SASIDHARAN, J.

TK TR CMP NO.20 OF 2015 21.10.2016

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