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Madras High CourtTR CMP/468/2016allowed

M.Priyadarshini v. Alagu Sriram @ T.Sriram

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.468 of 2016 M.Priyadarshini ... Petitioner vs Alagu Sriram @ T.Sriram ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.216 of 2015 on the file of the III Additional Family Court, Chennai and transfer the same to the file of the Sub Court, Virudhunagar.

For Petitioner :

Mr.N.R.Elango, Senior Counsel for Mr.R.Vivekananthan.

For Respondent :

Ms.Sheila Jayaprakash *****

O R D E R

Petitioner has filed the present petition seeking transfer of H.M.O.P.No.216 of 2015 on the file of the III Additional Family Court, Chennai, and transfer the same to the file of the Sub Court, Virudhunagar.

2. Heard the learned counsel on either side.

3.Learned counsel for petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.216 of 2015 on the file of the III Additional Family Court, Chennai, seeking divorce. Petitioner is residing at Virudhunagar alongwith her son and hence, she finds it difficult to travel to Chennai to attend the hearings. Therefore, she seeks transfer of HMOP No.216 of 2015 on the file of the III Additional Family Court, Chennai, to the file of the Sub Court, Virudhunagar.

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4. Learned counsel for respondent/husband submits that the present is a case, wherein, Mediation might well yield fruit.

5. Learned Senior Counsel for petitioner/wife, on the other hand submits that several attempts thereon have failed.

6. Considering the submissions and also the request made towards transfer of H.M.O.P.No.216 of 2015 on the file of the III Additional Family Court, Chennai, to the file of the Sub Court, Virudhunagar, this Court is inclined to allow the petition. Accordingly, this Court directs transfer of H.M.O.P.No.216 of 2015 from the file of the III Additional Family Court, Chennai, to the file of the Sub Court, Virudhunagar.

The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs.

dn s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Judge, The III Additional Family Court, Chennai.

2.The Sub Judge, The Sub Court, Virudhunagar.

+ 1 cc to Ms.Sheila Jayaprakash, Advocate Sr 48324 + 1 cc to Mr.R.Vivekananthan, Advocate Sr 48339 KR/22/10/16 Transfer Civil Miscellaneous Petition No.468 of 2016 https://hcservices.ecourts.gov.in/hcservices/