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Madras High CourtTR CMP/178/2016allowed

Mrs.Anitha Devi v. Mr.Selvan.U

2016-09-21Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Transfer CMP.No.178 of 2016 and CMP No.5075 of 2016 Anitha Devi .. Petitioner Vs.

Selvam.U.

.. Respondent Prayer: Transfer Petition filed under Section 24 of Civil Procedure Code, praying to withdraw the H.M.O.P.No.1 of 2016 on the file of the Hon'ble Principal Sub-Judge, Court, Chidambaram to the Hon'ble Family Court at Puducherry.

For Petitioner : Mr.T.S.Baskaran For Respondent : Mr.A.Muthukumar

ORDER

The respondent in H.M.O.P.No.1 of 2016 on the file of Principal Sub Court, Chidambaram is the petitioner in this transfer petition.

2. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondent.

3. The respondent initiated proceedings against the petitioner in HMOP No.1 of 2016 before the Sub Court, Chidambaram praying for a decree of divorce.

4. The petitioner on appearance before the said Court, filed this petition for transfer. According to the petitioner, she is a permanent resident of Puducherry and as such it would not be possible for her to appear before the Court at Chidambaram for the purpose of defending the proceedings in H.M.O.P. No.1 of 2016.

5. The respondent on the other hand, is a man of means, as he is the owner of a Computer Shop. He is an Engineering graduate.

https://hcservices.ecourts.gov.in/hcservices/

6. The petitioner has given sufficient resons justifying the transfer of proceedings in H.M.O.P. No.1 of 2016 to the Court at Puducherry. I am therefore of the view that the transfer petition derserves to be allowed.

7. In the result, the proceedings in HMOP No.1 of 2016 is withdrawn from the file of Principal Sub Court, Chidambaram and is transferred to the file of Family Court, Puducherry for disposal on merits.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kmi/gya To

1. The Principal Sub-Judge, Chidambaram.

2. The Judge, Family Court at Puducherry.

+1cc to Mr.A. Muthukumar, Advocate, S.R.No.53527 +1cc to Mr.T.S. Baskaran, Advocate, S.R.No.53696 SV(CO) EU(1/11/2016) Transfer CMP.No.178 of 2016 and CMP No.5075 of 2016 https://hcservices.ecourts.gov.in/hcservices/