Madras High CourtTR CMP/717/2016allowed

Mrs. S. Mercy Selvamani v. Mr. J. Sampath

2017-01-10Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.717 of 2016 and C.M.P.No.18607 of 2016 S.Mercy Selvamani .. Petitioner Vs.

Mr.J.Sampath, Rep. by Power of Attorney Agent, P.A.Julian Rajkumar Vellore .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer F.C.O.P.No.145 of 2016 pending on the file of the Family Court, Vellore, to any of the Family Courts in Chennai. For petitioner : Mr.B.Vijayakumar For respondent : Mr.R.Anandha Babu

ORDER

The respondent-husband has filed F.C.O.P.No.145 of 2016 under Section 32 of the Divorce Act, before the Family Court, Vellore, for restitution of conjugal rights. The petitioner-wife is a School Nurse in St.Joseph's Residential School and residing in Sriperumbudhur. The said O.P. is filed by the husband, who is residing in Dubai and is represented by Power of Attorney. Therefore, the respondent-husband is not appearing in person for all the hearings. The wife who is the School Nurse and residing in Sriperumbudur, has expressed her difficulty to travel from Sriperumbudur to Vellore than travelling to any of the Family Courts in Chennai. Hence, this Tr.C.M.P. is filed by the wife.

2. Considering the fact that even the husband is not appearing in person before the Family Court, Vellore, it would be easy for the wife to appear, if the said O.P. is transferred to the Family Court, Chennai. Accordingly, this Tr.C.M.P. is allowed and F.C.O.P.No.145 of 2016 pending on the file of the Family Court, Vellore, shall stand transferred to the file of the Principal Family Court, Chennai. No costs. C.M.P. is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar cs https://hcservices.ecourts.gov.in/hcservices/

Copy to

1. The Principal Judge, Family Court, Chennai.

2. The Principal Judge, Family Court, Vellore. +1 cc to Mr.B.Vijayakumar Advocate sr 2506 Tr.C.M.P.No.717 of 2016 tm(co) aa31/01/2017 https://hcservices.ecourts.gov.in/hcservices/