V. Ramya W/O G. Gokul v. G. Gokul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.505 of 2016 and CMP.No.13659 of 2016 V.Ramya

...Petitioner

versus G.Gokul

...Respondent

PRAYER: Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw HMOP No.664 of 2014 on the file of Sub-Court, Tambaram and transfer the same to the III Additional Family Court at Chennai to be tried along with M.C.No.88 of 2013 on the file of III Additional Family Court, Chennai.

For Petitioner : Mr.M.Selvam for Mr.T.Pappaiah Dharmarajan For Respondent : Mr.M.Babu Muthumeeran

O R D E R

The respondent initiated proceedings in HMOP No.664 of 2014 before the Sub-Court, Tambaram, praying for a decree of restitution of conjugal rights. The petitioner, on the other hand filed M.C.No.88 of 2013 before the III Additional Family Court at Chennai for maintenance. The petitioner has now come up with this petition for transfer.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.

3. The proceedings in HMOP No.664 of 2014 is pending on the file of Sub-Court, Tambaram. The petitioner is a permanent resident of Chennai. According to the petitioner, it would be difficult for her to appear before the Sub-Court at Tambaram for the purpose of defending the proceedings in HMOP No.664 of 2014.

4. The learned counsel for the respondent submitted that the respondent has no objection in transferring the proceedings from Sub-Court, Tambaram to III Additional Family Court, Chennai.

5. In view of the consensus arrived at among the parties and taking into account the residence of the petitioner at Chennai, I am of the view that the transfer petition deserves to be allowed.

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6. The proceedings in H.M.O.P.No.664 of 2014 is withdrawn from the file of Sub-Court, Tambaram and is transferred to the file of III Additional Family Court, Chennai, for disposal along with M.C.No.88 of 2013.

7. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar svki To 1.The Subordinate Judge Tambaram 2.The III Additional Family Court, Chennai +1 cc to Mr.Selvam Advocate sr 63001 Transfer CMP No.505 of 2016 mg(co) aa29/11/2016 https://hcservices.ecourts.gov.in/hcservices/