Madras High CourtTR CMP/190/2016allowed

Kasturi v. P. Ramasubramanian

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.190 of 2016 and CMP No.5352 of 2016 Kasturi .. Petitioner Vs.

P.Ramasubramanian .. Respondent Prayer: Transfer Petition filed under Section 24 of Civil Procedure Code, praying to withdraw H.M.O.P.No.3118 of 2015 on the file of the Hon'ble III Additional Family Court, Chennai and transfer the same for hearing on the file of Hon'ble Sub Court, Ambasamudram, Tirunelveli District.

For Petitioner : No Appearance For Respondent : No Appearance

ORDER

None appears on behalf of the petitioner. There is no appearance on behalf of the respondent also, in spite of printing his name in the cause list after service.

2. The respondent initiated the proceedings in HMOP No.3118 of 2015 before the III Additional Family Court, Chennai against the petitioner praying for a decree of divorce. The petitioner, who is a permanent resident of Ambasamudram has come up with this transfer petition.

3. According to the petitioner, it would not be possible for her to appear before the III Additional Family Court at Chennai along with her minor child, who is a student at Ambasamudram. The petitioner expressed her difficulties to come over to Chennai for the purpose of defending the proceedings in HMOP No.3118 of 2015.

4. There is nothing on record to suspect the bonafides in filing this transfer petition. I am therefore of the view that the transfer petition deserves to be allowed.

5. In the result, the proceedings in HMOP No.3118 of 2015 is withdrawn from the file of III Additional Family Court, Chennai and is transferred to the file of Sub Court, Ambasamudram, Tirunelveli https://hcservices.ecourts.gov.in/hcservices/

District for disposal on merits.

The transfer petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Judge, III Additional Family Court, Chennai.

2. The Sub Judge, Ambasamudram, Tirunelveli District. CO-PVS ths : 17.10.2016 Transfer CMP.No.190 of 2016 and CMP No.5352 of 2016 https://hcservices.ecourts.gov.in/hcservices/