P.Vasanthi v. A.Anandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2016

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Tr.CMP.Nos.267 & 268/2016 & CMP.Nos.7398 & 7399/2016 1.P.Vasanthi .. 1st Petitioner in Tr.CMP.No.267/2016 &Petitioner in Tr.CMP.No.268/2016 2.A.Tamilselvi 3.A.Viswanathan .. Petitioners 2 and 3 in Tr.CMP.No.267/2016 ***Petitioners 2 & 3 are minors rep.by their mother, the 1st petitioner.

Vs.

A.Anandan .. Respondent in both the petitions Transfer Petitions filed under section 24 of Code of Civil Procedure to withdraw the proceedings in FCOP NO.2787/2011 and in FCOP.No.2693/2008 filed by the petitioner herein pending on the file of the Family Court-III, Chennai and transfer the same to the Family Court, Vellore.

For Petitioner in both the petitions :

Mr.M.Rajendiran For Respondent in both the petitions :

Mr.C.Vijayakumar COMMON ORDER The 1st petitioner filed two proceedings in FCOP Nos.2693/2008 and 2787/2011 respectively against the respondent herein, before the III Additional Family Court at Chennai. The 1st petitioner thereafter shifted her residence to Katpadi. The 1st petitioner therefore, seeks withdrawal of the proceedings from the III Additional Family Court, Chennai, and transfer to a Court at Vellore.

The learned counsel for the petitioners contended that the 1st petitioner is presently residing at Katpadi along with her children and she would not be in a position to appear before the Court at Chennai, to prosecute the proceedings. The learned counsel for the respondent, on the other hand, submitted that the mother of the 1st petitioner is still residing at Chennai. The petitioner is living with another person at Vellore and as such, there is no basis for her contention that the proceedings are required to be transferred to Vellore.

The 1st petitioner was a resident at Chennai.

Therefore, she filed the proceedings before the III Additional Family Court, Chennai. Subsequently, she shifted her residence to Katpadi, where she is staying along with her children. According to her, it would not be possible to appear before the Family Court at Chennai, to prosecute the proceedings in FCOP Nos.2693/2008 and 2787/2011. There is nothing on record to suspect the bona fides in filing these transfer petitions. Therefore, I am of the view that the matter requires transfer. The proceedings in FCOP.Nos.2693/2008 and 2787/2011 are withdrawn from the file of the III Additional Family Court, at Chennai and are transferred to the file of the Family Court at Vellore.

The learned counsel for the respondent submitted that a direction should be issued to the Trial Court/Family Court, at Vellore, to dispose of the matter as expeditiously as possible, in view of the fact that the respondent has to appear before the Court after travelling considerable distance from Chennai. The learned Judge, Family Court, at Vellore, is directed to post the matter on a particular date for recording the evidence. The evidence should be recorded on the said date itself without adjourning the matter unnecessarily. There shall be a direction to dispose of the matter as expeditiously as possible.

The transfer petitions are allowed as indicated above. No costs. Consequently the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

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

2.The Family Court, Vellore.

+1cc to Mr.M.Rajendran, Advocate, S.R.No.56164 NMI(CO) EU(18/10/2016) Tr.CMP.Nos.267 & 268/2016