M.Bhavani v. P.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.478 of 2016 and C.M.P.No.13138 of 2016 M.Bhavani W/o.D.Srinivasan ... Petitioner/ Respondent vs P.Srinivasan S/o.Panneelselvam ... Respondent/ Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.390 of 2016 pending on the file of Additional Family Court, Coimbatore, and transfer the same to the file of I Additional Family Court, Chennai, to be heard and tried along with M.C.No.243 of 2016.

For Petitioner :

Mr.K.Kannan 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.390 of 2016 on the file of Additional Family Court, Coimbatore, to the file of I Additional Family Court, Chennai, to be tried along with M.C.No.243 of 2016.

3. Learned counsel for petitioner submits that the respondent/husband has filed H.M.O.P.No.390 of 2016 on the file Additional Family Court, Coimbatore, seeking divorce and the petitioner/wife has filed M.C.No.243 of 2016 on the file of I Additional Family Court, Chennai, seeking Maintenance. The https://hcservices.ecourts.gov.in/hcservices/

petitioner seeks transfer firstly on the ground that she finds it difficult to travel to Coimbatore for each and every hearing and secondly, since the petition filed by the petitioner seeking maintenance is pending on the file of I Additional Family Court, Chennai, it would be desirable to have both cases tried together.

4. Considering the submissions made, this Court directs transfer of H.M.O.P.No.390 of 2016 on the file of Additional Family Court, Coimbatore, to the file of I Additional Family Court, Chennai, to be jointly tried with M.C.No.243 of 2016.

5. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar cla To 1.The Additional Family Court, Coimbatore.

2.The I Additional Family Court, Chennai.

1 cc to Mr.K.Kannan, Advocate, Sr. 49652 Transfer Civil Miscellaneous Petition No.478 of 2016 VGI (CO) kk 12/11 https://hcservices.ecourts.gov.in/hcservices/