Madras High CourtTR CMP/380/2016allowed

A.Sugasni v. K.A.Shivashankar

2016-08-26Honourable Mr Justice C. T. Selvam2 pages

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.380 of 2016 and M.P.No.10063 of 2016 A.Sugasini, W/o.K.A.Shivashankar ... Petitioner vs K.A.Shivashankar, S/o.K.Anbu ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.84 of 2014 on the file of the Principal Subordinate Court, Gudiyatham, Vellore District and transfer the same to the file of the Principal Sub Court, Ranipet, Vellore District to be tried alongwith H.M.O.P.No.156 of 2015.

For Petitioner :

Mr.N.S.Amarnath 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.84 of 2014 on the file of the Principal Sub Court, Gudiyatham, to the file of the Principal Sub Court, Ranipet, Vellore District to be tried alongwith HMOP No.156 of 2015.

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3. Heard the learned counsel for petitioner.

4.Learned counsel for petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.84 of 2014 on the file of the learned Subordinate Judge, Gudiyatham, seeking divorce. Petitioner finds it difficult to travel to Gudiyatham to attend the hearings. Therefore, she seeks transfer of HMOP No.84 of 2014 on the file of the learned Subordinate Judge, Gudiyatham, to the file of the learned Subordinate Judge, Ranipet, Vellore District to be tried alongwith H.M.O.P.No.156 of 2015.

5. Considering the submissions made, this Court directs transfer of H.M.O.P.No.84 of 2014 from the file of the learned Subordinate Judge, Gudiyatham, to the file of the learned Subordinate Judge, Ranipet, Vellore District. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar dn To 1.The learned Subordinate Judge, Gudiyatham.

2.The learned Subordinate Judge, Ranipet, Vellore District.

1 cc to M/s.N.S. Amarnath, Advocate, Sr. 48381 Transfer Civil Miscellaneous Petition No.380 of 2016 SM (COO) kk 1/11 https://hcservices.ecourts.gov.in/hcservices/