D.Ashadevi v. S.Anandbabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2016

CORAM

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Tr.C.M.P. No.639 of 2016 and C.M.P.No.17001 of 2016 D.Ashadevi .. Petitioner/Respondent vs.

S.Anandbabu .. Respondent/petitioner Tr.C.M.P. filed under section 24 of C.P.C., praying to withdraw F.C.O.P.No.4019 of 2012 on the file of the I Additional Family Court, Chennai and transfer the same to the Court of Subordinate Court, Vellore District.

For petitioner : Mr.M.Premkumar For respondent : No appearance

O R D E R

The respondent initiated proceedings for restitution of conjugal rights in F.C.O.P.No.4019 of 2012 before the First Additional Family Court at Chennai. The petitioner, who is a resident of Vellore is before this Court with a request for transfer of the matrimonial proceedings.

2. Heard the learned counsel for the petitioner. None appears on behalf of the respondent inspite of printing his name in the cause list after service of notice.

3. The petitioner is a resident of Saidapet at Vellore. The matrimonial proceedings initiated by the respondent is pending on the file of the First Additional Family Court, Chennai. According to the petitioner, there was a proceedings initiated by her in O.S.No.471 of 2012 before the Principal District Munsif, Vellore. The suit was dismissed by the Trial Court. The related Appeal is pending before the Subordinate Court at Vellore in A.S.No.28 fo 2016. The petitioner pointed out this fact only to demonstrate that she is a resident of Vellore and the earlier proceedings were initiated by her before the Court at Vellore.

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4. Section 19(iii-a) of the Hindu Marriage Act permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.

5. The petitioner has produced sufficient materials justifying her request for transfer. There is nothing on record to suspect the reasons mentioned in the affidavit filed in support of the Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed.

6. In the result, the proceedings initiated by the respondent in F.C.O.P.No.4019 of 2012 is withdrawn from the file of First Additional Family Court at Chennai and is transferred to the file of Subordinate Court at Vellore, for disposal on merits.

7. The Transfer Petition is allowed as indicated above. No costs. Connected Civil Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar asvm Copy to:

1.The Judge, First Additional Family Court, Chennai.

2.The Subordinate Judge, Vellore.

+1cc to Mr.Premkumar, Advocate, S.R.No.70703 Tr.C.M.P. No.639 of 2016 and C.M.P.No.17001 of 2016 GJ(CO) GN(/10/2016) https://hcservices.ecourts.gov.in/hcservices/