Durgalakshmi v. R.Ravikumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.500 of 2018 Durgalakshmi

...Petitioner/Respondent

vs.

R.Ravikumar

...Respondent/Petitioner

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.136 of 2017 on the file of the Additional Subordinate Court, Kumbakonam and transfer the same to the file of the Family Court, Ariyalur to be tried jointly along with M.C.No.1 of 2018.

For Petitioner : Mr.R.Gokulakrishnan For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Ariyalur District, has come up with this Petition seeking transfer of H.M.O.P.No.136 of 2017 from the file of the Additional Subordinate Court, Kumbakonam to the file of the Family Court, Ariyalur, to be tried jointly along with M.C.No.1 of 2018.

2. According to the Petitioner, it would be difficult for her to travel all the way from Ariyalur to attend the hearings in H.M.O.P.No.136 of 2017 at Kumbakonam, along with her children.

3. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.

4. There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed.

5. In the result, the proceedings in H.M.O.P.No.136 of 2017 is withdrawn from the file of the Additional Subordinate Court, Kumbakonam to the file of the Family Court, Ariyalur, to be tried jointly along with M.C.No.1 of 2018. The Family Court, Ariyalur is expected to conclude the joint trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

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6. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs. Consequently, connected C.M.P.No.12348 of 2018 is closed.

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

1. The Additional Subordinate Court, Kumbakonam.

2. The Family Court, Ariyalur.

+1cc to Mr.R.Gokulakrishnan, Advocate sr.12189 Tr.C.M.P.No.500 of 2018 nrjk(co) nr 14/02/2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/