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Madras High CourtTR CMP/369/2016disposed of

Rajkumar v. Vasantha Priya

2016-09-08Honourable Mr Justice K.K. Sasidharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2016

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Tr.C.M.P.No.369 of 2016 And C.M.P.No.9901 of 2016 Rajkumar ... Petitioner Vs.

Vasantha Priya ... Respondent Prayer:

Petition filed under Section 24 of the Civil Procedure Code seeking to withdraw the H.M.O.P.No.27 of 2016 pending on the file of the Hon'ble Sub Court, Panrotti, Cuddalore District and transfer the same to the Sub Court, at Myladudhurai.

For Petitioner : Mr.S.Silambu Selvan For Respondent : Mr.I.Periasamy

O R D E R

The petitioner filed this transfer petition for withdrawal of the proceedings in H.M.O.P.No.27 of 2016 on the file of the Sub Court, Panrotti, Cuddalore District and transfer the same to a nearby Court.

2.The respondent filed the matrimonial proceedings in H.M.O.P.No.27 of 2016 before the Sub Court, Panrotti, Cuddalore District, praying for a decree of divorce. The petitioner is contesting the said proceedings.

3.It is the case of the petitioner that there is a life threat to him and as such, it will not be possible for him to appear before the Court at Panrotti.

4.When the matter is taken up for hearing, the learned counsel for the petitioner and the learned counsel for the respondent agreed that the matter could be transferred to the Family Court at Cuddalore. 5.Since the parties have arrived at a consensus with regard to the Court where the proceedings have to be transferred, there is no need for a factual adjudication of the matter. 6.In the result, the proceedings in H.M.O.P.No.27 of 2016 is withdrawn from the file of the Sub Court, Panrotti, Cuddalore District and is transferred to the file of the Family Court at Cuddalore for disposal on merits.

7.The transfer petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

08.09.2016 pri Index: Yes/ No Internet: Yes/ No To 1.The Sub Court, Panrotti, Cuddalore District.

K.K.SASIDHARAN,J.

pri Tr.C.M.P.No.369 of 2016 And C.M.P.No.9901 of 2016 08.09.2016