A.N.Usha v. K.R.Annamalai Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2017

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.519 of 2015 and M.P.No.1 of 2015 A.N.Usha

...Petitioner

Vs.

K.R.Annamalai Raja

...Respondent

Petition filed under Section 24 of the Civil Proceedure Code praying to withdraw and transfer H.M.O.P.No.41 of 2015 pending on the file of the III Sub Court, Madurai to the file of the Family Court, at Chennai for disposal in accordance with law. For Petitioner : Ms.B.S.Ajeetha For Respondent : Mr.C.Arunmozhi

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of H.M.O.P.No.41 of 2015 filed by the husband on the file of the III Sub Court, Madurai, to be tried along with M.C.No.460 of 2015 filed by the wife on the file of the Family Court No.I, Chennai.

2.

It is also pointed out that in Tr.C.M.P(MD) No.313 of 2016, by order dated 25.10.2016, the Madurai Bench of Madras High Court had dismissed the transfer petition filed by the respondent-husband to transfer M.C.No.460 of 2016 from Chennai to Madurai. Now, the wife has filed this petition for transferring H.M.O.P.No.41 of 2015 from Madurai to Chennai. 3.

Though notice has been served on the respondent and represented by counsel, today there is no appearance for the respondent either in person or through counsel. 4.

Considering the convenience of the wife and also the dismissal of the petition filed by the husband, this Court is inclined to transfer H.M.O.P.No.41 of 2015 to be tried along with M.C.No.460 of 2015. Accordingly, the transfer Civil https://hcservices.ecourts.gov.in/hcservices/

Miscellaneous Petition is allowed and H.M.O.P.No.41 of 2015 pending on the file of the III Sub Court, Madurai shall stand withdrawn and transferred to the Family Court No.I, Chennai to be tried along with M.C.No.460 of 2015. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn To

1. The III Additional Subordinate Court, Madurai

2. The Judge Family Court No.I, Chennai +1cc to Mr.Srarvanan, Advocate, S.R.No.4215 GMI(CO) RS(09/02/2017) Tr.C.M.P.No.519 of 2015 and M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/