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Madras High CourtTR CMP/333/2016allowed

R.Mekala v. K.Tamilselvan,

2016-07-19Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.7.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.333 of 2016 and C.M.P.No.9111 of 2016 R.Mekala D/o.P.Rajaraman ... Petitioner vs K.Tamilselvan S/o.Krishnamurthy ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.55 of 2015 from the file of Sub Court, Perambalure and transfer the same to be tried along with M.C.No.208 of 2016 pending on the file of III Additional Family Court, Chennai. For Petitioner :

Mr.S.Ravi 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.55 of 2016 pending on the file of Sub Court, Perambalure to be tried along with M.C.No.208 of 2016 pending on the file of III Additional Family Court, Chennai.

3. Learned counsel for petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.55 of 2015 on the file of learned Sub Court, Perambalure, seeking divorce and the petitioner/wife has filed M.C.No.208 of 2016 seeking maintenance from the respondent. Petitioner, who is unemployed, is residing with her aged parents and hence, she finds it difficult to travel to Perambalure to attend the hearing of the case. Therefore, petitioner seeks transfer.

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4. Considering the submissions made, this Court directs transfer of H.M.O.P.No.55 of 2016 on the file of Sub Court, Perambalure to be tried along with M.C.No.208 of 2016 on the file of III Additional Family Court, Chennai. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed.

kua s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Sub Court, Perambalure 2.The III Additional Family Court, Chennai + 1 cc to M/s.S.Ravi Advocate SR 40480 ppa(co) prk4/8 Transfer Civil Miscellaneous Petition No.333 of 2016 https://hcservices.ecourts.gov.in/hcservices/