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Madras High CourtTR CMP/642/2021ordered

Priyadharshini v. S.Vinoth,

2022-07-01Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM:

THE HONOURABLE MRS.JUSTICE S. KANNAMMAL Tr.C.M.P.No.642 of 2021 and C.M.P.No.16143 of 2021 Priyadharshini ... Petitioner

Versus

S.Vinoth ... Respondent This Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the H.M.O.P.No.52 of 2019 on the file of the Sub-Court, Ponneri and to transfer the same to the Family Court, Chennai.

For Petitioner :

Mr.V.T.Narendiran For Respondent :

M/s.G.Kanchana

ORDER

The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.52 of 2019 on the file of the SubCourt, Ponneri and to transfer the same to the file of Family Court, Chennai.

2.The respondent/husband has filed H.M.O.P.No.52 of 2019 before the Sub-Court, Ponneri for divorce.

3.The learned counsel for the petitioner/wife submitted that the petitioner being a lady who is staying with her parents and unemployed, under these circumstances, it is very difficult for the petitioner to travel from Ponneri to Chennai for attending the Court on every hearings in H.M.O.P.No.52 of 2019. Therefore, she seeks to transfer the case from the Sub-Court, Ponneri to the Family Court, Chennai.

4.The learned counsel for the respondent submitted that he has no objection to allow this petition.

5.Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case

to the file of the Family Court, Chennai.

6.Accordingly, H.M.O.P.No.52 of 2019 is withdrawn from the Sub-Court, Ponneri and transferred to the file of the Family Court, Chennai for disposal as per law. The learned Sub-Court, Ponneri is directed to transmit the papers to the file of the learned Judge, Family Court, Chennai, forthwith. The learned Judge, Family Court, Chennai, is directed to dispose of the case in H.M.O.P.No.52 of 2019 on merits and in accordance with law as expeditiously as possible.

7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gbi To 1.The Subordinate Judge, Ponneri.

2.The Judge, Family Court, Chennai.

+2cc to M/s.G.Kanchana, Advocate, S.R.No.41585 Tr.C.M.P.No.642 of 2021 CT/11/07/2022