Madras High CourtTR CMP/115/2016allowed

B.Menaka v. J.Arun

2016-09-09Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Tr.CMP.No.115 of 2016 B.Menaka .. Petitioner/Respondent Vs.

J.Arun .. Respondent/Petitioner Prayer: Transfer Petition filed under Section 24 of Civil Procedure Code, praying to withdraw and transfer HMOP.No.182 of 2015 pending on the file of the Subordinate Court, Thirupattur to the Family Court, Hosur.

For Petitioner : Ms.G.Pachaiammal For Respondent : No Appearance

ORDER

The petitioner has filed this transfer petition to transfer the proceedings in HMOP.No.182 of 2015 pending on the file of the Sub Court, Thirupattur.

2. The respondent filed a divorce petition before the Sub Court, Thirupattur in HMOP.No.182 of 2015. The petitioner, on appearance before the trial Court, filed this petition for transfer.

3. Heard the learned counsel appearing for the petitioner. None appears for the respondent inspite of printing his name in the causelist, after service.

4. The proceedings in HMOP.No.182 of 2015 is now pending before the Sub Court, Thirupattur. The petitioner is stated to be a permanent resident of Hosur. She is suffering from brain tumour and as such it would not be possible for her to appear before the Sub Court at Thirupattur, to prosecute the proceedings.

5. There is nothing on record to disbelieve the case pleaded by the petitioner. I am therefore of the view that the petitioner has made out a case for transfer of the proceedings from the Sub Court, Thirupattur.

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6. In the result, the proceedings in HMOP.No.182 of 2015 is withdrawn from the file of the Sub Court, Thirupattur and is transferred to the file of Sub Court, Hosur, for disposal on merits. The transfer petition is allowed as indicated above. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Sub Court, Thirupattur, Vellore District.

2. The Family Court, Hosur.

+1 CC to Mr. M.D.Thirunavukkarasu, Advocate SR.No.52076 CO-PVS THS : 18.10.2016 Tr.CMP.No.115 of 2016 https://hcservices.ecourts.gov.in/hcservices/