S.Vidya v. G.Vijayasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.322 of 2016 and C.M.P.No.8943 of 2016 S.Vidya, D/o.Late. Sundaram

...Petitioner

vs G.Vijayasekaran, S/o.Gnansekaran ...Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.3504 of 2015 on the file of the I Additional Family Court, Chennai and transfer the same to the file of the Family Court, Coimbatore to be tried along with M.C.No.168 of 2015. For Petitioner :

Mr.B.Vijayakumar 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. 3504 of 2015 on the file of the I Additional Family Court, Chennai and transfer the same to the file of the Family Court, Coimbatore to be tried along with M.C.No.168 of 2015.

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3. Heard the learned counsel for petitioner.

4. Learned counsel for petitioner/wife submits that the prayer in the present petition is for transfer of HMOP No.3504 of 2015 pending on the file of the I Additional Family Court, Chennai, to be tried along with M.C.No.168 of 2015 on the file of the Family Court, Coimbatore. The position as on date is that the MC.No.168 of 2015 on the file of the Family Court, Coimbatore moved by the petitioner/wife seeking maintenance has been ordered ex-parte on 28.07.2016.

5. Taking note of such submission, and also the difficulties faced by the petitioner/wife in attending the proceedings in HMOP No.3504 of 2015 on the file of the I Additional Family Court, Chennai, this Court directs transfer of H.M.O.P.No.3504 of 2015 from the file of the I Additional Family Court, Chennai, to the file of the Family Court, Coimbatore.

The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar dn To

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

2. The Judge, Family Court, Coimbatore.

+ 1 cc to Mr.B.Vijayakumar, Advocate SR NO 52159[7/10/16] Transfer Civil Miscellaneous Petition No.322 of 2016 PPA (CO) PSI 06/10/2016 https://hcservices.ecourts.gov.in/hcservices/