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Madras High CourtTR CMP/620/2016allowed

Jayashree v. B. Suresh

2016-11-29Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP No.620 of 2016 and CMP.No.16690 of 2016 Jayashree

...Petitioner

versus B.Suresh ..Respondent PRAYER: Tr.C.M.P. filed under section 24 of C.P.C., to withdraw the O.S.No.244/2015 on the file of the 3rd Family Court, Chennai and transfer the same to the Subordinate Court, Gingee, Villupuram District.

For Petitioner : Mr.G.Rajan For Respondent : No appearance

O R D E R

The respondent filed a suit for declaration to declare the marriage held on 23.01.2015 as null and void. 2.

The petitioner, who is the defendant in the said suit, is before this Court with a request to transfer the civil suit. 3.

Heard the learned Counsel for the petitioner. None appears on behalf of the respondent.

4.

The matrimonial proceedings initiated by the respondent is pending before the learned III Additional Judge, Family Court, Chennai.

5.

The petitioner is stated to be a resident of Gingee Taluk, Villupuram. According to the petitioner, it would not be possible for him to travel all along from Gingee to Chennai for defending the proceedings in O.S.No.244 of 2015. There is nothing on record to suspect the bonafides in the case pleaded by the petitioner. The Transfer Petition, therefore, deserves to be allowed.

6. The proceedings in OS.No.244 of 2015 is withdrawn from the file of the learned III Additional Family Court Judge, Chennai, and is transferred to the file of the Subordinate Court, Gingee, Villupuram District., for disposal on merits. https://hcservices.ecourts.gov.in/hcservices/

7. The Transfer CMP is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar tsi To 1.The III Additional Family Court, Chennai 2.The Subordinate Court, Gingee, Villupuram District. +1 cc to Mr.G.Rajan Advocate sr 70049 Transfer CMP No.620 of 2016 aa03/01/2017 https://hcservices.ecourts.gov.in/hcservices/