N.Senthil Kumari v. R.Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2018 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.61 of 2018 and C.M.P.No.1539 of 2018 N.Senthil Kumari .. Petitioner -Vs.- R.Ganesan .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw the case pending in H.M.O.P.No.98 of 2017 on the file of the Subordinate Court, Nagercoil and transfer the same to the file of the Principal Family Court or any of the Additional Family Courts I to VII at Chennai. For petitioner ... Ms.K.Sumathi For Respondent ... Mr.C.Sivakumar

O R D E R

The transfer petition is filed by the petitioner-wife seeking to withdraw and transfer the H.M.O.P.No.98 of 2017 pending on the file of the Sub Court, Nagercoil to the file the Principal Family Court, Chennai.

2.

The respondent-husband has filed the above H.M.O.P.No.98 of 2017 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 on the file of the Principal Sub Court, Nagercoil for dissolution of marriage on the ground of cruelty. 3.

It is the case of the petitioner that both the parties are living only in Chennai. In paragraph 10 of the affidavit, it is stated that it will be difficult for the petitioner-wife to travel all the way from Chennai to Nagercoil. Hence, she sought for transfer.

4.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

5.

Learned counsel appearing for the respondent submitted that the respondent has got no objection in allowing this petition.

6.

Considering the submission made by the learned counsel for the petitioner and as the respondent has got no serious objection in transferring the petition to the Principal Family Court, Chennai, this Tr.C.M.P is allowed and H.M.O.P.No.98 of 2017, pending on the file of the Subordinate Court, Nagercoil is withdrawn and transferred to the file of the Principal Family Court, Chennai.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar srn To

1. The Subordinate Judge, Nagercoil

2. The Principal Judge, Family Court, Chennai. +1cc to Mr.C.Sivakumar, Advocate, S.R.No.11126 Tr.C.M.P.No.61 of 2018 and C.M.P.No.1539 of 2018 RRK(19/02/2018) https://hcservices.ecourts.gov.in/hcservices/