S. Vasanthra Devi v. H. Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.276 of 2015 and MP.No.1 of 2015 S.Vasanthra Devi ... Petitioner versus H.Balaji ... Respondent PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the HMOP NO 27 of 2015 pending on the file of the Sub Court, kallakurichi and transfer the same to the file of the family Court, Chennai.

For Petitioner : Mr.A.Arul Mozhi For Respondent : Mr.M.Ganesh

O R D E R

The respondent in HMOP.No.27 of 2015 pending on the file of Subordinate Court at Kallakurichi is the petitioner in this transfer petition.

2. The proceeding in HMOP No.27 of 2015 was instituted by the respondent against the petitioner, praying for a decree of divorce. The petitioner, who is a resident of Chennai, has come up with this petition for transfer of the proceeding in HMOP.No.27 of 2015 to the Family Court at Chennai.

3. The learned counsel for the respondent fairly submitted that the respondent has no objection in transferring the proceeding to a Family Court at Chennai.

4. The petitioner is stated to be a resident of Chennai. The proceeding in HMOP No.27 of 2015 is now pending before the Subordinate Court at Kallakurichi.According to the petitioner, it would not be possible for her to defend the proceedings in HMOP No.27 of 2016 pending on the file of Subordinate Court at Kallakurichi. Now that the respondent also agreed for transfer, this transfer petition deserves to be allowed. https://hcservices.ecourts.gov.in/hcservices/

5. The proceeding in HMOP No.27 of 2015 is withdrawn from the file of Subordinate Court at Kallakurichi and is transferred to the file of Principal Judge, Family Court at Chennai for disposal on merits.

6. The Transfer CMP is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ajr To

1. The Sub Court, Kallakurichi.

2. The Family Court, Chennai.

+1cc to Mr.M.Ganesh, Advocate, S.R.No.57699 Transfer C.M.P.No.276 of 2015 ALA(CO) CA(08/11/2016) https://hcservices.ecourts.gov.in/hcservices/