Prabhavathi v. K.Supramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.02.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.702 of 2016 and C.M.P.No.18235 of 2016 Prabhavathi .. Petitioner/Respondent -VsK.Supramani .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw M.O.P.No.84 of 2014 on the file of the Family Court, Pondicherry and transfer the same to the Family Court, Villupuram.

For petitioner ... Mr.D.Lakshmipathy For Respondent ... Mr.C.D.Rajesh Kumar

O R D E R

The petitioner/wife has filed the above Transfer Civil Miscellaneous Petition to withdraw M.O.P.No.84 of 2014 pending on the file of the Family Court, Pondicherry and transfer the same to the file of the Family Court, Villupuram. 2.

The husband has filed H.M.O.P.No.84 of 2014 before the Family Court, Pondicherry for divorce under Section 13(i-a) and 13(i-b) of the Hindu Marriage Act. The wife is residing in Villupuram District and having a child. It is stated in the affidavit that she finds it difficult to travel from Villupuram to Pondicherry, which is 70 kms away from Villupuram, for each of the hearing from Villupuram. Besides, she has also stated that the proceedings under Domestic Violence Act are pending before the Judicial Magistrate Court, Thirukovilur. Hence, the transfer petition has been filed.

3.

Admittedly, the husband has been attending the hearing in D.V.No.10 of 2015 before the Judicial Magistrate, Thirukovilur. It is stated that he is a Police constable. https://hcservices.ecourts.gov.in/hcservices/

4.

Hence, in the interest of justice and considering the convenience of the wife, the Tr.C.M.P is allowed. Since there is no Family Court in Villupuram, the M.O.P.No.84 of 2014 from the file of the Family Court, Pondicherry shall stand withdrawn and is transferred to the Sub Court, Villupuram. No costs. Consequently, connected miscellaneous petition is closed. sd/ Assistant Registrar /true copy/ Sub Assistant Registrar srn To

1. The Judge, The Family Court, Pondicherry.

2. The Subordinate Judge, Villupuram.

+1cc to Mr.D.Lakshmipathy, Advocate SR.No.10044 Tr.C.M.P.No.702 of 2016 and C.M.P.No.18235 of 2016 MSM(CO) GN(28/02/2017) https://hcservices.ecourts.gov.in/hcservices/