Madras High CourtTR CMP/483/2018allowed

S.Leela, v. P.Gopinathan

2019-03-15Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.03.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR.C.M.P.No.483 of 2018 S. Leela .. Petitioner -vsP. Gopinathan .. Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of CPC praying to withdraw the HMOP.No.47 of 2017 on the file of Sub Court, Subordinate Judge at Vellore and transfer the same to Family Court, Thiruvallur.

For Petitioner : J. Harikrishna for N.Mahendra Babu Fore Respondent : No appearance

ORDER

This petition is filed seeking to withdraw the HMOP.No.47 of 2017 on the file of Sub Court, Subordinate Judge at Vellore and transfer the same to Family Court, Thiruvellore.

2. The petitioner is the wife of respondent/husband. The husband of the petitioner filed a petition for divorce before the Subordinate Judge, Vellore for divorce. The petitioner is a resident of Thirunindravur situat at Thiruvellore District. Therefore she find it very difficult to travel a long distance from Thirunindravur to Vellore, which is about 250 kilo meters away from her place. Therefore, she seeks transfer of HMOP.No.47 of 2017 filed by her husband from Sub Court, Vellore to Family Court, Thiruvellore on the ground of physical and mental inconvenience.

3. The petition filed by the respondent husband reveals that the residence of the petitioner wife is located at Thiruvellore District and that she is aged about 54 years. At this old age, travelling 250 Kilometers to and fro he will definitely cause physical hardship to the petitioner.

4. Considering the inconvenience and hardship caused to the petitioner, this Court is inclined to transfer HMOP.No.47 of https://hcservices.ecourts.gov.in/hcservices/

2017 pending on the file of Sub Judge, Vellore to Family Court, Thiruvellore.

5. Accordingly HMOP.No.47 of 2017 pending on the file of Sub Court, Vellore is withdrawn and transferred to Family Court, Thiruvellore. The Transfer Civil Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected C.M.P.No.12004 of 2018 is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar msr To

1. The Subordinate Judge, Vellore.

2. The Judge, Family Court, Thiruvellore.

+1 cc to M/s.N.Mahendra Babu, Advocate, Sr.No. 24476 TR.C.M.P.No.483 of 2018 CSL/28.06.2019 https://hcservices.ecourts.gov.in/hcservices/