K.Jayanthi v. M.Parthiban

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.No. 10326 of 2024 K.Jayanthi

...Petitioner

Vs.

M.Parthiban ... Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the Divorce Petition in H.M.O.P.No. 16 of 2024 pending before the Subordinate Judge, Arakkonam, Ranipet District to the learned Family Court, Vellore, Vellore District.

For Petitioner : Mr.E.Kannadasan For Respondent : No representation

ORDER

This petition has been filed seeking to withdraw the Divorce Petition in H.M.O.P.No.16 of 2024 pending on the file of learned Subordinate Judge, Arakkonam, Ranipet and transfer the same to the Family Court, Vellore.

2. It is submitted by the learned counsel appearing for the petitioner that marriage of the petitioner with respondent was solemnized on Page No 1 of 4

01.09.2022 at Vellore. Subsequently, on account of some issues between the parties, on which the respondent has filed H.M.O.P.No.16 of 2024 seeking divorce against the petitioner on the file of learned Subordinate Judge, Arakkonam, Ranipet.

3. It is further submitted by the learned counsel appearing for the petitioner that the petitioner is staying along with her aged parents who have been suffering from ill health. On account of which she is unable to travel from Pallikonda, Vellore District to Arakkonam for attending Court proceeding. Thereby sought for transferring of the case in H.M.O.P.No. 16 of 2024 pending on the file of the Learned Subordinate Judge, Arakkonam, Ranipet District to the Family Court, Vellore, Vellore District.

4. Today this matter is posted under the caption 'for orders'. Notice taken out to the respondent has already been served. However, no representation on behalf of the respondent. Even on an earlier occasion (i.e.on 08.08.2024) there was no representation on behalf of the respondent. Therefore, the following orders are being passed.

5. Considering the submission made by learned counsel for the petitioner and on perusal of records, this petition is allowed. The Page No 2 of 4

H.M.O.P.No.16 of 2024 pending on the file of Learned Subordinate Judge, Arakkonam, Ranipet District is withdrawn and transferred to Family Court, Vellore. The learned Subordinate Judge, Arakkonam, Ranipet is directed to dispatch the entire case records pertaining to H.M.O.P.No.16 of 2024 duly indexed to the Family Court, Vellore as quickly as possible. Consequently, connected miscellaneous petition is also closed. No costs. 13.08.2024 Index:Yes/No Speaking Order :Yes/No nsl To

1. The Learned Subordinate Judge, Arakkonam, Ranipet.

2. The Family Court, Vellore.

DR. D.NAGARJUN ,J.

Page No 3 of 4

nsl and C.M.P.No. 10326 of 2024 13.08.2024 Page No 4 of 4