B.Revathi v. S.Balamurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2016

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN Transfer C.M.P.No.519 of 2016 and C.M.P.No.13958 of 2016 B.Revathi ..Petitioner/Respondents

Versus

S.Balamurugan ..Respondent/Petitioner This Petition filed under Section 24 of C.P.C. praying to withdraw H.M.O.P.No.25 of 2016 from the file of the Subordinate Judge, Kancheepuram and transfer the same to the Subordinate Judge, Vellore to try the same.

For Petitioner :

Mr.R.Ramesh For Respondent :

No appearance

O R D E R

The respondent in H.M.O.P.No.25 of 2016 on the file of Sub Court, Kancheepuram is the petitioner in the Transfer Civil Miscellaneous Petition.

2. Heard the learned counsel for the petitioner. None appears on behalf of the respondent, in spite of printing his name in the cause list after service.

3. The respondent initiated the proceedings in H.M.O.P.No.25 of 2016 before the Sub Court, Kancheepuram, against the petitioner, praying for a decree of divorce. The petitioner, on appearance before the Court, has filed this petition for transfer.

4. The petitioner is stated to be a permanent resident of Vellore. According to the petitioner, it would not be possible for her either to engage a counsel at Kancheepuram or to appear before the Court for defending the proceedings. There is nothing on record to disbelieve the case pleaded by the petitioner with regard to her difficulties to appear before the Sub Court at Kancheepuram. I am therefore of the view that the original petition deserves to be transferred. https://hcservices.ecourts.gov.in/hcservices/

5. In the result, the proceedings in H.M.O.P.No.25 of 2016 is withdrawn from the Sub Court, Kancheepuram and is transferred to the Sub Court, Vellore for disposal on merits.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ogy To

1. The Sub Court, Kancheepuram.

2. The Sub Court, Vellore.

+1cc to Mr.R. Ramesh, Advocate, S.R.No.53186 GJ(CO) EU(19/10/2016) Transfer C.M.P.No.519 of 2016 https://hcservices.ecourts.gov.in/hcservices/