V. Kamatchi v. P. Ganesh, S/O K. Prurmal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2016

CORAM:

THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN Transfer CMP No.564 of 2016 and CMP.No.15375 of 2016 V.Kamatchi

...Petitioner

versus P.Ganesh

...Respondent

PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the H.M.O.P.No.82 of 2013 on the file of Principal Sub Court, Chengalpattu, Kancheepuram District and transfer the same to the file of Principal Sub Court, Kancheepuram.

For Petitioner : Mr.K.Dilith Kumar

O R D E R

The respondent in H.M.O.P.No.82 of 2013 on the file of learned Sub Judge, Chengalpet, Kancheepuram District is the petitioner in this transfer petition.

2. Heard the learned counsel appearing for the petitioner. 3.The respondent initiated a proceedings in H.M.O.P.No.82 of 2013, before the Principal Sub Court, Chengalpet, Kancheepuram District, praying for a decree of divorce. The matter is now posted for trial.

4.According to the petitioner, being a Police Constable working at Kancheepuram, it would be difficult for her to appear before the Court at Chengalpet.

5.The distance between Chengalpet and Kancheepuram is hardly 14 kilometers. The petitioner can very well appear before the learned Subordinate Judge, Chengalpet. More over, the matter is now posted for trial.

6.The learned trial Judge is directed to post the matter on a particular date for the evidence of the respondent. The petitioner should be permitted to cross examine the witness without adjourning the matter. Thereafter, more particularly, after the completion of the evidence of the respondent, the matter should be posted on a particular day for recording the evidence of the petitioner. The petitioner should be cross examined on the very same day. It is https://hcservices.ecourts.gov.in/hcservices/

open to the petitioner to file an application to dispense with her personal appearance, subject to the condition that she would appear on all the effective dates of hearing. In case, any such application is filed, the same shall be considered and disposed of by the learned trial Judge, taking into account the employment of the petitioner as a Police Constable at Kancheepuram.

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

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar dn To 1.The Sub Judge, Chengalpattu, Kancheepuram District 2.The Sub Judge, Kancheepuram.

Transfer CMP No.564 of 2016 cnr[co] RD 12/11/2016 https://hcservices.ecourts.gov.in/hcservices/