P. Anitha, W/O R. Vijay Anandh v. R. Vijay Anandh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.561 of 2016 and CMP.No.15263 of 2016 P.Anitha ... Petitioner versus R.Vijay Anandh ... Respondent PRAYER: Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw HMOP No.48 of 2014 on the file of Subordinate Judge, Tambaram and to transfer the same to Family Court at Chennai. For Petitioner : Mr.R.Muthamizh For Respondent : Mr.J.Sudhakaran

O R D E R

The respondent initiated proceedings in HMOP No.48 of 2014 before the Sub-Court, Tambaram, praying for a decree of divorce. The petitioner, who is the resident of Chennai has come up with this petition for transfer.

2. The petitioner is a resident of Adyar at Chennai. The respondent is a resident of Chromepet. The proceedings is pending before the Sub-Court at Tambaram.

3. When this matter came up for hearing on 18.10.2016, the learned counsel for the respondent submitted that the original proceedings is ripe for trial and as such, there is no need for transferring the proceedings at this point of time.

4. To a query, the learned counsel for the petitioner submitted that in case the litigation expenses is given, the petitioner would not press the application for transfer.

5. The respondent agreed to pay a sum of Rs.50,000/- as litigation expenses to the petitioner. The respondent handed over a demand draft for a sum of Rs.50,000/- to the learned counsel for the petitioner, the receipt of which, the petitioner, who is present in court acknowledges. https://hcservices.ecourts.gov.in/hcservices/

6. The proceedings in HMOP No.48 of 2014 is stated to be ripe for trial. The matter is now posted before the Trial Court on 01.12.2016. The learned Sub-Ordinate Judge, Tambaram is directed to adjourn the matter for cross-examination of P.W.1 to 16 or 17 of December 2016 so as to enable the petitioner to cross examine P.W.1. Thereafter, the matter should be posted for the evidence of the petitioner. The matter should be posted on a particular date so as to enable the petitioner to give evidence. The cross-examination of the petitioner shall be completed on the very same date by the respondent. The learned Trial Judge is directed to dispose of the matrimonial proceedings as expeditiously as possible.

7. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar svki To The Sub Judge, Tambaram.

+1cc to Mr.R.Muthamizh, Advocate, S.R.No.69886 +1cc to Mr.J.Sudhakaran, Advocate, S.R.No.69407 Transfer C.M.P.No.561 of 2016 MV(CO) CA(30/11/2016) https://hcservices.ecourts.gov.in/hcservices/