R. Amala v. M. Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 27.08.2018 PRONOUNCED ON : 30.08.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN Transfer CMP.No.597 of 2018 and CMP.No.14436 of 2018 R.Amala

...Petitioner

Vs.

M.Sivakumar

...Respondent

Prayer :- Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC to withdraw HMOP No.3291/2017 pending on the file of VII Additional Family Court, Chennai and transfer the same to Sub - Court, Tambaram.

For Petitioner : Mr.B.Jawahar

ORDER

The petitioner is the wife. The respondent is the husband. 2.The respondent has levied HMOP No.3291 of 2017 for declaring the marriage between the petitioner and the respondent is null and void and the same is pending on the file of the VII Additional Family Court, Chennai. The only reason projected by the petitioner for seeking the transfer is that inasmuch as she is residing at Chrompet and her presence at Chennai Court would cause certain inconvenience and hardship, accordingly, sought for the transfer of the proceeding from Chennai Family Court to Tambaram Sub-Court.

3.However, considering the place of the residence of the petitioner and the Family Court, Chennai, where the divorce proceeding laid by the respondent is pending, not on the higher side and the petitioner could reach the Chennai Court by travelling from Chrompet by way of train in lessthan 30 minutes, it is seen that the alleged hardship and inconvenience projected by the petitioner in travelling to Chennai Court for attending the proceeding as such cannot be readily accepted. It is thus found that no sufficient cause is projected by the petitioner https://hcservices.ecourts.gov.in/hcservices/

for accepting the transfer request.

For the reasons aforestated, the Transfer Civil Miscellaneous Petition is dismissed. Consequently, connected CMP No.14436 of 2018 is also dismissed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sms To 1.The VII Additional Family Court, Chennai.

+1cc to Mr.B.Jawahar, Advocate, S.R.No.59506. Transfer CMP.No.597 of 2018 and CMP.No.14436 of 2018 SSV(CO) rrs 24/09/2018 https://hcservices.ecourts.gov.in/hcservices/