Suguna v. M.Surendran Mohan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.508 of 2016 and CMP.No.13678 of 2016 Suguna
...Petitioner
versus M.Surendran Mohan
...Respondent
PRAYER: Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw and transfer the HMOP No.1735 of 2014 on the file of II Family Court at Chennai to Family Court at Erode or any other District Court at Erode District.
For Petitioner : Mr.K.Nagarajan For Respondent : No appearance
O R D E R
The respondent initiated proceedings in HMOP No.1735 of 2014 before the II Family Court, Chennai. The petitioner, who was arrayed as respondent has come up with this petition for transfer.
2. Heard the learned counsel for the petitioner. None appears on behalf of the respondent.
3. The petitioner is stated to be a resident of Erode. The proceedings in HMOP No.1735 of 2014 is pending on the file of II Family Court at Chennai. According to the petitioner, being a resident of Erode, it would not be possible for her to come over to Chennai for the purpose of defending the proceedings in HMOP No.1735 of 2014. There is nothing on record to suspect the bonafides in filing this transfer petition.
4. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.
5. The petitioner has produced sufficient materials to justify her request for transfer. I am therefore of the view that the transfer petition deserves to be allowed.
6. The proceedings in H.M.O.P.No.1735 of 2014 is withdrawn from the file of II Family Court, Chennai and is transferred to the file of Sub-Court, Erode, for disposal on merits. https://hcservices.ecourts.gov.in/hcservices/
7. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar svki To 1.The Presiding officer Family Court II, Chennai 2.The Subordinate Judge Erode Transfer CMP No.508 of 2016 aa28/11/2016 https://hcservices.ecourts.gov.in/hcservices/