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Madras High CourtTR CMP/498/2015allowed

R.Arul Selvan v. Sudhamathi @ Bagyalakshmi

2016-10-03Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN Transfer C.M.P.No.498 of 2015 And M.P.No. 1 of 2015 R.Arul Selvan ... Petitioner/Petitioner

Versus

Sudhamathi @ Bagyalakshmi ... Respondent/Respondent This Petition filed under Section 24 of C.P.C. praying to withdraw H.M.O.P.No. 242 of 2014 on the file of Family Court, Erode and to transfer the same to the file of Sub Court, Perundurai.

For Petitioner :

Mr. T.Gowthaman For Respondent :

Mr. V.Kadhirvelu

O R D E R

The petitioner initiated divorce proceedings against the respondent in H.M.O.P.No. 242 of 2014. The petition is now pending before the Family Court at Erode. The respondent appears to have taken up a contention that the Court at Erode has no jurisdiction to take up the matter and the proper Court is Sub Court at Perundurai. The petitioner therefore filed this petition for transfer.

2.

Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent. 3.

The learned counsel for the respondent on instructions submitted that the respondent is residing within the jurisdiction of Erode and as such, she has no objection to transfer the proceedings from the file of Family Court at Erode to the file of Sub Court at Perundurai.

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4.

In the result, the proceedings in H.M.O.P.No. 242 of 2014 is withdrawn from the file of Family Court, Erode and is transferred to the file of Sub Court, Perundurai.

5. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs.

Consequently, connected Miscellaneous Petition is closed.

6.

The matter is posted for cross examination of PW-1 before the Family Court at Erode. Now that, the matter is transferred to the Sub Court at Perundurai, every efforts shall be taken to dispose of the matter as expeditiously as possible and in case on or before 31.03.2017.

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

1. The Judge, Family Court, Erode.

2. The Sub Judge, Sub Court, Perundurai.

+1cc to Mr.T.Gowthaman, Advocate Sr.56941 +1cc to Mr.V.Kadhirvelu, Advocate Sr.56905 Transfer C.M.P.No.498 of 2015 And M.P.No. 1 of 2015 nrjk[co] srg 06/10/2016 https://hcservices.ecourts.gov.in/hcservices/