M. Barathi v. M. Baskar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN TR CMP NO.558 OF 2016 AND CMP NO.15255 OF 2016 M.Barathi ... Petitioner versus M.Baskar ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure with a prayer to withdraw H.M.O.P.No.246 of 2016, pending on the file of the 1st Additional Family Court, Chennai and transfer the same to the Sub Court, Arakkonam for enquiry and disposal in accordance with law.

For Petitioner :

Mr.K.S.Purushothaman For Respondent :

Mr.S.Mahendran for M/s.Manu Legal Associates

O R D E R

The respondent initiated a proceedings against the petitioner for divorce, before the First Additional Family Court, Chennai, in H.M.O.P.No.246 of 2016.

2. The petitioner, who is a resident of Arakkonam, has come up with this petition for transfer.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The learned counsel for the respondent fairly submitted that the respondent has no objection in allowing this petition for transfer. According to the learned counsel, a direction should be issued to the petitioner to file counter in H.M.O.P.No.246 of 2016.

5. The petitioner is a resident of Arakkonam. The proceedings in H.M.O.P.No.246 of 2016 is pending before the First Additional Family Court, Chennai. Since the respondent has no objection, in transferring the matrimonial proceedings, necessarily the transfer petition deserves to be allowed.

6. The proceedings in H.M.O.P.No.246 of 2016 is withdrawn from the file of First Additional Family Court, Chennai and is transferred to the file of Sub Court, Arakkonam, for disposal on merits.

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7. The petitioner is directed to file counter in H.M.O.P.No.246 of 2016 within a period of six weeks from today.

8. The Transfer Civil Miscellaneous is allowed with the above observation. No costs. Consequently, connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar TK To 1.The First Additional Judge Family Court Chennai.

2.The Sub Judge Arakkonam.

+ 1 cc to M/s. S. Mahendran, Advocate Sr.69941 + 1 cc to M/s. Purushothaman, Advocate Sr.65332 TR CMP NO.558 OF 2016 GMI(CO) Eu 10.12.16 https://hcservices.ecourts.gov.in/hcservices/