S. Latha v. S. Sankar Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP.No.262 of 2015 and M.P.No.1 of 2015 S.Latha .. Petitioner Vs.

s.Sankar Ganesh .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the petition in OP.No.662 of 2012 pending on the file of II Additional Family Court, Chennai and to transfer the same to the Sub Court, Poonamallee.

For petitioner : M/s.V.Alamelu For Respondent : Mr.R.Raja Sundarraman

O R D E R

Petitioner has filed the present petition seeking transfer of OP.No.662 of 2012 from the file of II Additional Family Court, Chennai and to transfer the same to the file of Sub Court, Poonamallee.

2. Learned counsel for petitioner submits that respondent/husband has filed OP.No.662 of 2012 on the file of II Additional Family Court, Chennai, seeking restitution of conjugal rights. Submitting that the petitioner is residing at Ambattur, that she has to take care of children and and she finds it difficult to travel to Chennai to attend the hearing of the case, learned counsel prays for transfer.

3. Considering the rival submissions and the further position that the petitioner has to take care of children, this Court is of the view that the petition is to be allowed. Accordingly, this Court directs transfer of OP.No.662 of 2012 pending on the file of learned II Additional Judge, Family Court, Chennai, to the file of learned Subordinate Judge, Poonamallee.

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The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To 1.II Additional Family Court, Chennai 2.The Sub Court, Poonamallee.

+1 cc to M/s.V.Alamelu, advocate,sr.41745 pa(co) krd 24/8 Tr.CMP.No.262 of 2015 and M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/