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Madras High CourtTR CMP/92/2015allowed

Mrs.. Abirami v. Mr. B Prakash

2016-08-19Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.92 of 2015 & M.P.No.1 of 2015 Mrs.Abirami ... Petitioner vs Mr.B.Prakash ... Respondent Miscellaneous Petition filed under Section 24 of the Civil Procedure Code for praying to withdraw the H.M.O.P.No.49 of 2014 pending on the file of the Subordinate Judge, Neyveli and transfer the same to Family Court, Vellore for enquiry and disposal.

For Petitioner :

Mr.Nithyasri Sekhar For Respondent :

Ms.S.R.Sumathy *****

O R D E R

Petitioner has filed the present petition seeking transfer of the H.M.O.P.No.49 of 2014 on the file of the Subordinate Judge, Neyveli to Family Court, Vellore.

2. Learned counsel for petitioner submits that a petition seeking divorce filed by respondent/husband is pending on the file of learned

Subordinate Judge, Neyveli. As the petitioner is living with her parents and she has to take care of her two children, who are studying Pre-K.G. and L.K.G., she finds it difficult to travel to Neyveli to attend the case in H.M.O.P.No.49 of 2014 filed by the respondent/husband. Hence, the petitioner prays for transfer of H.M.O.P.No.49 of 2014 pending on the file of learned Sub Judge, Neyveli to the Family Court at Vellore.

3. Heard learned counsel for the petitioner and the learned counsel for the respondent.

4. Learned counsel for respondent has no serious objection.

5. Considering the submissions on either side, this Court directs transfer of H.M.O.P.No.49 of 2014 pending on the file of learned Subordinate Judge, Neyveli to the file of learned Principal Judge, Family Court, Vellore.

6. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed. 23.08.2016 Index:yes/no Internet:yes vrc

To,

1. The Subordinate Judge, Neyveli.

2. The Principal Judge, Family Court, Vellore.

C.T.SELVAM, J vrc Tr. C. M.P.No.92 of 2015 19.08.2016