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Madras High CourtTR CMP/538/2019allowed

Angalaparameshwari@ M.Elakiya v. S.Suresh

2019-08-16Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2019

CORAM

THE HON'BLE MR.JUSTICE T.RAJA Tr.C.M.P.No.538 of 2019 and CMP No.15031 of 2019 Angalaparameswari @ M.Elakiya ....

Petitioner Vs S.Suresh ....

Respondent Prayer : Petition under Section 24 of C.P.C., seeking to withdraw the H.M.O.P.No.216 of 2017 before the Sub-ordinate Judge, at Ponneri and transfer the same to learned Principal Judge, Family Court, Chennai.

For Appellant : Mr.Aadith Vijay For Respondent : Mr.R.S.Kirubakaran

J U D G M E N T

The petitioner Angalaparameshwari @ M.Elakiya, is the wife of the respondent S.Suresh, has come before this Court, seeking an order for withdrawal of the pending H.M.O.P.No.216 of 2017, on the file of the learned Sub Court, Ponneri to be transferred to the file of the learned Principal Judge, Family Court, Chennai.

2. Learned counsel for the petitioner submitted that the distance between Ponneri to Chennai is about 30 Kms and it is difficult for her to undertake journey with the small child aged about 21⁄2 years, to attend the court hearings at Ponneri.

3. It is at this stage that the learned counsel for the respondent fairly stated that he has no objection for transferring the H.M.O.P.No.216 of 2017 from Ponneri to Chennai, for the sake of the child. However, he requested this Court to fix a time frame for the fast disposal of the pending matter.

4. Since the H.M.O.P. is of the year 2017, the present Tr.C.M.P. is allowed and the H.M.O.P.No.216 of 2017 pending on the file of the learned Sub Court, Ponneri, is withdrawn and transferred to the file of the learned Principal Judge, Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed.

6. The learned Principal Judge, Family Court, Chennai, is directed to take up H.M.O.P.No.216 of 2017 and dispose of the same expeditiously in the manner known to law, within a period of six months from today.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar KST To 1) The Sub-ordinate Judge, Ponneri.

2) The Principal Judge, Family Court, Chennai +1 cc to M/s.R.S.Kirubakaran, Advocate, S.R.No.70484 Tr.C.M.P.No.538 of 2019 SJ(CO) SSM(13/09/2019)