Mrs. M. Lakshmi v. A.Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.214 of 2016 and C.M.P.No.6074 of 2016 M.Lakshmi W/o.A.Mohan ... Petitioner vs A.Mohan S/o.T.S.Arumugam ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.50 of 2015 pending on the file of Subordinate Court, Tiruttani and transfer the same to the file of III Additional Family Court, Chennai.

For Petitioner :

Mr.N.Ramachandran For Respondent :

No appearance

O R D E R

Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

2. Petitioner has filed the present petition seeking transfer of H.M.O.P.No.50 of 2015 pending on the file of Subordinate Court, Tiruttani, to the file of III Additional Family Court, Chennai.

3. Learned counsel for petitioner submits that the respondent/husband has filed O.P.No.50 of 2015 on the file of Subordinate Court, Tiruttani, seeking divorce and the petitioner/wife has filed H.M.O.P.No.4778 of 2015 and M.C.No.639 of 2015 on the file of III Additional Family Court, Chennai, for restitution of conjugal rights and maintenance respectively. The petitioner is unemployed, she has to take care of her child, aged 3 and hence, the petitioner finds it difficult to travel to Tiruttani for each and every hearing. Submitting as above, learned counsel prays for transfer.

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4. Considering the submissions made, this Court directs transfer of H.M.O.P.No.50 of 2015 pending on the file of Subordinate Court, Tiruttani, to the file of III Additional Family Court, Chennai.

The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Subordinate Court, Tiruttani.

2.The III Additional Family Court, Chennai.

+1cc to M/S.N.Ramachandran, Advocate Sr.32489 Transfer Civil Miscellaneous Petition No.214 of 2016 sns[co] srg 01/07/2016 https://hcservices.ecourts.gov.in/hcservices/