Sathiyapriya v. Karthikeyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.03.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr.C.M.P.No.63 of 2016 and C.M.P.No.1226 of 2016 Sathiyapriya ... Petitioner Vs.

Karthickeyan @ Kothandaraman ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.231 of 2013 on the file of I Additional Subordinate Judge, Villupuram and transfer the same to the file of the Hon'ble Subordinate Judge Court, Panruti.

For Petitioner : Mr.R.Iyappan For Respondent : Mr.K.Rengarajan

O R D E R

The husband has filed H.M.O.P.No.231 of 2013 on the file of the 1st Additional Subordinate Judge, Villupuram for annulling the marriage between the petitioner and the respondent that took place on 16.08.2013, on the ground that the consent of the respondent herein was obtained by force. The wife, who is the petitioner herein, has now filed the present petition seeking transfer of the said H.M.O.P. to the Sub Court, Panruti.

2. It is quite obvious that Sub Court, Panruti is the Court having jurisdiction over the place, wherein the respondent resides. The petitioner has sought an order for transferring the H.M.O.P. to the place of residence of the respondent herein. As such, the respondent cannot have any objection. However, learned counsel for the respondent submits that the present revision has been filed with a view to drag on the proceedings and that, if a time is fixed for the disposal of the H.M.O.P., the respondent shall not have any objection for the transfer as sought for by the petitioner.

3. The learned counsel for the petitioner also submits that the petitioner also agrees for incorporating such a direction in the order.

https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above said submissions, the transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.231 of 2013 is withdrawn from the file of the I Additional Sub Court, Villupuram and transferred to the file of the Sub Court, Panruti. The Subordinate Judge, Panruti is directed to expedite the enquriy and dispose of the H.M.O.P.No.231 of 2013 within six months from the date of receipt of records.

No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gya To

1. The I Additional Subordinate Judge, Villupuram.

2. The Sub Judge, Panruti.

+1cc to Mr.R. Iyappan, Advocate, S.R.No.13985 +1cc to Mr.Mr.V.J. Arul Raj, Advocate, S.R.No.13892 SVI(CO) EU(18/03/2016) Tr.C.M.P.No.63 of 2016 and C.M.P.No.1226 of 2016 https://hcservices.ecourts.gov.in/hcservices/