M.Bharathi v. V.R.Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.527 of 2019 Mrs.M.Bharathi ..

Petitioner -vsMr.V.R.Senthilkumar ..

Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.1886 of 2019 on the file of the Hon'ble III Family Court at Chennai and transfer the same to the District Family Court, Vellore.

For Petitioner ::

Mr.V.Pavel For Respondent ::

No appearance

ORDER

Mrs.M.Bharathi, Wife of Mr.V.R.Senthilkumar, the respondent herein, has come to this Court seeking an order to withdraw the pending H.M.O.P.No.1886 of 2019 from the file of the III Additional Family Court, Chennai and transfer the same to the Family Court at Vellore. It is also stated that after the marriage was solemnized on 8.6.2012 between the parties at Sri Lakshmi Arumugam Thirumana Mandapam, Kongarapattu Village, Arni Taluk, Vellore District as per the Hindu rites and customs, the couple were blessed with a daughter, who is now aged about 4 1⁄2 years.

On trivial reasons, the respondent has filed H.M.O.P.No.1886 of 2019 on the file of the III Additional Family Court, Chennai seeing divorce. As the distance between Vellore and Chennai is about 300 kms., it will be difficult for the petitioner to undertake a long journey with her child for every hearing.

2. The Registry record shows that the notice was served upon the respondent on 2.8.2019. The factum of service of notice on the respondent and his failure to appear before this Court clearly shows that the respondent has no objection for allowing the transfer civil miscellaneous petition. Secondly,

when the petitioner is having a girl child aged about 4 1⁄2 years, it will be difficult for her to undertake a long journey from Vellore to Chennai. Therefore, the H.M.O.P.No.1886 of 2019 is withdrawn from the file of the III Additional Family Court, Chennai and transferred to the Family Court, Vellore for expeditious disposal on merits. Accordingly, the transfer civil miscellaneous petition stands allowed.

Consequently, C.M.P.No.14556 of 2019 is closed.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar ss To 1.The III Additional Family Court Judge Chennai 2.The Family Court Judge Vellore +1cc to Mr.V.Paval,Advocate SR.No.78553(30/09/2019) CB(23/09/2019) Tr.C.M.P.No.527 of 2019