E.Divya v. S.Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2016

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP.No.513 of 2016 and CMP.No.13738 of 2016 E.Divya ...

Petitioner Vs S.Sivakumar ...

Respondent Prayer: Transfer Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the HMOP.No.342 of 2016 pending on the file of the Sub Court at Poonamallee and transfer the same to Family Court, Vellore.

For Petitioner : Mr.V.Sukumar For Respondent : Mr.K.Balasubramaniam

ORDER

The respondent in HMOP.No.342 of 2016 on the file of the Sub Court at Poonamallee is the petitioner in this transfer petition.

2. Heard the learned counsel for the petitioner and the counsel appearing for the respondent.

3. The proceedings in HMOP.No.342 of 2016 was filed by the respondent before the Sub Court at Poonamallee. The petitioner is a permanent resident of Vellore.

4. According to the petitioner, it would be difficult for her to appear before the Court at Poonamallee for the purpose of defending the proceedings in HMOP.No.342 of 2016.

5. 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.

6. The petitioner has produced sufficient materials justifying transfer. I am therefore of the view that the matter requires transfer.

7. In the result, the proceedings in HMOP.No.342 of 2016 is withdrawn from the file of Sub Court at Poonamallee and is transferred to the file of Family Court at Vellore for disposal https://hcservices.ecourts.gov.in/hcservices/

on merits.

The transfer petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To:

1.The Sub Court Poonamallee.

2.The Family Court Vellore.

+1 cc to Mr.V.Sukumar Advocate sr 55045 +1 cc to Mr.K.Balasubramaniam Advocate sr 55201 Transfer CMP.No.513 of 2016 aa21/10/2016 https://hcservices.ecourts.gov.in/hcservices/