M.Chitra v. P.Yogamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.CMP.NO.649 OF 2021 AND C.M.P.NO.16244 OF 2021 M.Chitra ... Petitioner/Respondent Vs P.Yogamurthy ... Respondent/Petitioner PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw HMOP No.3066 of 2020 on the file of the IV Family Judge, Chennai and transfer the same to the file of the Family Judge, Vellore to be tried along with FCMC No.01 of 2021 pending on the file of the Family Judge, Vellore. For Petitioner :

Mr.M.R.Thangavel For Respondent :

M/s.V.Revathy

ORDER

The respondent/wife in a petition for divorce filed by the husband on the file of the IV Family Judge, Chennai in H.M.O.P.No.3066 of 2020 is the petitioner before this Court. The petitioner seeks to withdraw the above proceedings pending on the file of the IV Family Judge, Chennai and transfer the same to the file of the Family Judge, Vellore to be tried along with F.C.M.C.No.01 of 2021.

2. Reasons for seeking the transfer are as follows: i) She would suffer immense physical as well as financial strain to travel from her native place to Chennai, Family Court to attend each and every hearing along with her father.

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

ii) She would also submit in her affidavit that she is now living with her parents and no maintenance has been provided by the respondent so far.

iii) She had filed an application in F.C.M.C.No.01 of 2021 which is pending on the file of the Family Judge, Vellore.

3. It is informed that there is a mediation underway between the parties at Vellore. In these circumstances, it would be in the interest of both the parties if the matter pending on the file of the IV Family Court Chennai be transferred to the file of the Family Court at Vellore to be tried along with F.C.M.C.No.01 of 2021.

4. Therefore, the Transfer Civil Miscellaneous Petition is allowed and H.MO.P.No.3066 of 2020, pending on the file of the IV Family Judge, Chennai is withdrawn and transferred to the file of the Family Court at Vellore to be tried along with F.C.M.C.No.01 of 2021. No costs. Consequently, connected Miscellaneous Petition is closed.

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

1. The Judge, IV Family Court, Chennai.

2. The Judge, Family Court, Vellore.

+1cc to Mr.C.Anbu, Advocate, S.R.No.24421 Tr.CMP.No.649 of 2021 and C.M.P.No.16244 of 2021 SKM(CO) RLP(02/05/2022) https://hcservices.ecourts.gov.in/hcservices/