Madras High CourtTR CMP/803/2015allowed

K.Prabhavathy v. K.Bharathi

2016-06-16Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP. No.803 of 2015 and M.P.No.1 of 2015 K.Prabhavathy .. Petitioner vs K.Bharathi ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw and transfer the case in H.M.O.P.No.114 of 2015 from the file of learned Judge, Sub Court, Devakottai to the file of learned Judge, Family Court, Chennai.

For Petitioner : Mr.J.Saravana Vel For Respondent : Mr.P.Saravana Sowmiyan

O R D E R

Petitioner has filed the present petition seeking transfer of H.M.O.P.No.114 of 2015 from the file of learned Judge, Sub Court, Devakottai, to the file of learned Judge, Family Court, Chennai.

2. Learned counsel for petitioner submits that the respondent /husband has filed H.M.O.P.No.114 of 2015 on the file of Sub Court, Devakottai, seeking divorce and the same is pending. Submitting that petitioner/wife is residing at Chennai, she has to take care of a special child and hence, she finds it difficult to travel to Devakottai to attend the hearing of the case, learned counsel prays for transfer. Learned counsel further submits that a maintenance case is pending before the I Additional Family Court, Chennai.

3. Learned counsel for respondent objects for transfer of the case.

4. Considering the rival submissions made, this Court directs transfer of the case in H.M.O.P.No.114 of 2015 from the https://hcservices.ecourts.gov.in/hcservices/

file of Sub Court, Devakottai, to the file of learned Judge, I Additional Family Court, Chennai.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Sub Court, Devakottai.

2.The Judge, The Family Court, Chennai.

3.The Judge, The 1st Additional Family Court, Chennai.

+1cc to Mr.J.Saravanavel, Advocate, S.R.No.32943 +1cc to Mr.P.Saravana Sowmiyan, Advocate, S.R.No.33099 Tr.CMP.No.803 of 2015 and M.P.No.1 of 2015 rsy[co] srg 13/07/2016 https://hcservices.ecourts.gov.in/hcservices/