Madras High CourtTR CMP/155/2016allowed

S.Geetha @ Sangeetha v. S.Rajkumar

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.155 of 2016 and CMP.No.4220 of 2016 S.Geetha @ Sangeetha .. Petitioner Vs.

S.Rajkumar .. Respondent Prayer: Transfer Petition filed under Section 24 of Civil Procedure Code, praying to withdraw and transfer the divorce petition in HMOP.No.9 of 2016 pending on the file of the learned Subordinate Judge, Arni, Thiruvannamalai District to the learned Family Court, Vellore, Vellore District.

For Petitioner : Mr.E.Kannadasan For Respondent : No Appearance

ORDER

The petitioner has filed this transfer petition praying for an order to transfer the proceedings in HMOP.No.9 of 2016 pending on the file of the Sub Court, Arni, to the Family Court at Vellore.

2. The petitioner initiated two proceedings before the Family Court, Vellore in F.C.M.C.No.8 of 2016 and FCOP.No.30 of 2016. The respondent on the other hand filed a divorce petition in HMOP.No.9 of 2016 before the Sub Court at Arni.

3. The petitioner is a permanent resident of Vellore. According to the petitioner, it would not be possible for her to appear before the Court at Arni and defend the proceedings in HMOP.No.9 of 2016. Moreover, two other proceedings initiated by her are pending at Vellore.

4. There is nothing on record to disbelieve the version given by the petitioner in her transfer petition. The petitioner is therefore entitled to succeed.

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5. In the result, the proceedings in HMOP.No.9 of 2016* is withdrawn from the file of the Sub Court, Arni and is transferred to the file of the Family Court, Vellore, for disposal on merits.

The transfer petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) dt.06.10.2016 Corrected as per order of this Court dated 30.11.2016 Sd/- Assistant Registrar(CS VI) dt. 21.12.16 //True Copy// Sub Assistant Registrar ds To

1. The Subordinate Judge, Arni.

To be substituted to the order already despatched

2. The Judge on 08.11.2016 Family Court,Vellore.

1 cc to M/s.E.Kannadasan, Advocate, SR.70403* Tr.CMP.No.155 of 2016 ad co kra 19.10.2016 EU 23.12.16 https://hcservices.ecourts.gov.in/hcservices/