A.Vishnupriya v. T.V.Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.08.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.501 of 2019 and CMP.No.13971 of 2019 A.Vishnupriya .. Petitioner /Respondent vs.
T.V.Venkatesh .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of the C.P.C. seeking to withdraw the HMOP.No.335 of 2019 on the file of the Principal Family Court Judge, Coimbatore and transfer the same to the Subordinate Judge at Udumalpet. For Petitioner : Ms.Aiyshwarya For respondent :No appearance ...
JUDGMENT
This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the HMOP.No.335 of 2019 pending on the file of the Principal Judge, Family Court, Coimbatore and transfer the same to the Subordinate Judge at Udumalpet. 2.
When the matter is called today, the learned Counsel for the petitioner is present. There is no representation on behalf of the respondent.
3.
A perusal of the Registry Records would show that the service was completed and court notice was served on the respondent on 26.07.2019 whereas the private notice was served on 12.07.2019. In spite of service of notices, the respondent has not chosen to appear before this Court. It shows that the respondent has no objection for allowing the present Transfer CMP. Secondly, the distance between the Principal Family Court, Coimbatore and the Sub-Court, Udumalpet is above 80 kms. Therefore, it would be very difficult to undergo such a long
journey by the petitioner along with her small daughter aged about 4 years.
4.
In view of all the above, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, the HMOP.No.335 of 2019 on the file of the learned Principal Judge, Family Court, Coimbatore is withdrawn and transferred to the file of the learned Subordinate Judge at Udumalpet for expeditious disposal on merits. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar tsi To 1.The Principal Judge, Family Court, Coimbatore. 2.The Subordinate Judge, Udumalpet.
+1 cc to M/s.Sarvabhauman Advocate sr72089 Tr.CMP.No.501 of 2019 rjI(co) aa20/09/2019