Madras High CourtTR CMP/566/2018ordered

P.Latha v. M.Paramasivam

2019-03-19Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR C.M.P. No.566 of 2018 and C.M.P.No.13799 of 2018 P.Latha ... Petitioner Vs.

M.Paramasivam ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer of the H.M.O.P.No.223 of 2017 from the Subordinate Court, Titucorin to the Family Court, Chennai.

For Petitioner : Mr.D.Premila

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of H.M.O.P.No.223 of 2017 from the file of Subordinate Court, Titucorin to the file of Family Court, Chennai.

2. Respondent and petitioner are husband and wife. The respondent/husband filed a petition to nullify the marriage solemnized between them. The petitioner/wife filed a petition in M.C.No.84 of 2018 for maintenance before the Family Court, Chennai. Now, the petitioner/wife pleads that it is very difficult for her to travel from Chennai to Titucorin, for every hearing. Therefore, she seeks transfer of the petition filed by the husband to Family Court, Chennai.

3. Despite service of notice, respondent has not chosen to appear before this Court.

4. Considering the physical inconvenience and mental hardship caused to the petitioner/wife, this Court is inclined to transfer the petition filed by the husband from Sub Court, Titucorin to the file of II Additional Family Court, Chennai. https://hcservices.ecourts.gov.in/hcservices/

5. Accordingly, H.M.O.P.No.223 of 2017 pending on the file of Sub Court, Titucorin is withdrawn and transferred to the file of II Additional Family Court, Chennai to be tried along with H.M.O.P.No.84 of 2018 pending on the same Court.

6. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bri To 1.The Subordinate Judge, Titucorin.

2.The II Additional Family Court, Chennai.

+2 cc's to M/s.D.Pramila, Advocate SR.No.25546 TR C.M.P. No.566 of 2018 and C.M.P.No.13799 of 2018 CSL/15.07.2019 https://hcservices.ecourts.gov.in/hcservices/