Ardra v. Sajith Baskaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN TR CMP NO.611 OF 2012 AND M.P.NO.1 OF 2012 Ardra ... Petitioner versus Sajith Baskaran ... Respondent PRAYER: Petition filed under section 24 of the Code of Civil Procedure to withdraw the O.P.No.2977 of 2012 now pending on the file of III Additional Family Court, Chennai and transfer the same to Sub-Court, Tuticorin.

For Petitioner :

Ms.V.Bhavani Subbaroyan For Respondent :

No appearance

O R D E R

The respondent in H.M.O.P.No.2977 of 2012 on the file of the III Additional Family Court, Chennai is the petitioner in this Transfer Civil Miscellaneous Petition.

2. The respondent herein initiated proceedings for divorce before the III Additional Family Court, Chennai against the petitioner. The petitioner, on receipt of summons from the Trial Court, filed this Transfer Civil Miscellaneous Petition for transfer.

3. Heard the learned counsel for the petitioner. None appears on behalf of the respondent in spite of printing his name in the cause list, after service.

4. The petitioner is a resident of Tuticorin. The proceedings in H.M.O.P.No.2977 of 2012 is pending on the file of III Additional Family Court, Chennai. According to the petitioner, she is residing at Tuticorin along with her minor child and as such, it would not be possible for her to appear before the Family Court at Chennai for the purpose of defending the proceedings in H.M.O.P.No.2977 of 2012.

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

6. The proceedings in H.M.O.P.No.2977 of 2012 is withdrawn from the file of III Additional Family Court, Chennai and is transferred to the file of Sub-Court, Tuticorin, for disposal on merits.

7. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-II) //True Copy// Sub-Assistant Registrar To

1. The III Additional Family Court Chennai.

2. The Sub Court Tuticorin.

+1 CC to M/s.V. Bhavani Sabbaroyan, Advocate sr 59207 TR CMP NO.611 OF 2012 SSK(CO) sp/27/1 https://hcservices.ecourts.gov.in/hcservices/