Muthulakshmi v. Ravichandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN TR CMP NO.764 OF 2015 AND M.P.NO.1 OF 2015 Muthulakshmi ... Petitioner versus Ravichandran ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the proceedings bearing F.C.O.P.No.30 of 2015 filed by the respondent herein, pending on the file of Family Court, Vellore and transfer the same to the file of Sub Judge, Thiruchirapalli.
For Petitioner :
No appearance For Respondent :
No appearance
O R D E R
None appears on behalf of the petitioner. There is no appearance on behalf of the respondent also in spite of printing his name in the cause list after service.
2. The respondent initiated a proceedings in F.C.O.P.No.30 of 2015 before the Family Court, Vellore.
3. The petitioner, who is a resident of Tiruchirapalli, has come up with this transfer petition on the ground that it would not be possible for her to defend the proceedings in F.C.O.P.No.30 of 2015, in view of the distance factor. There is nothing on record to suspect the bonafides in filing this transfer petition.
4. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.
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5. The petitioner has produced sufficient materials justifying the transfer of proceedings. I am therefore of the view that the transfer petition deserves to be allowed.
6. The proceedings in F.C.O.P.No.30 of 2015 is withdrawn from the file of Family Court, Vellore and is transferred to the file of Family Court, Tiruchirapalli.
7. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
TK Sd/- Assistant Registrar (CS) /TRUE COPY/ Sub-Assistant Registrar To 1.The Family Court Vellore.
2.The Family Court Tiruchirapalli.
TR CMP NO.764 OF 2015 KS[CO] MK:12/11/2016 19.10.2016 https://hcservices.ecourts.gov.in/hcservices/