S. Priya v. A. Jayabal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2017
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.No.751 of 2016 and C.M.P.No.19438 of 2016 S. Priya ... Petitioner Vs.
A.Jayabal ... Respondent Prayer: Transfer Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.9 of 2013 from the file of the Subordinate Court, Chidambaram, and transfer to the file of the Family Court, Villupuram.
For Petitioner : Mr.A.M.Natraj For Respondent : Mr.A.Muthukumar
ORDER
This petition is filed to withdraw H.M.O.P.No.9 of 2013 from the file of the Subordinate Court, Chidambaram, and transfer to the file of the Family Court, Villupuram.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 13.05.2011 as per Hindu rites and customs. Due to difference of opinion, the petitioner and respondent are living separately. The respondent filed H.M.O.P.No.9 of 2013 on the file of the Subordinate Court, Chidambaram.
3. When the matter is taken up for hearing, learned counsel for the respondent submitted that in the H.M.O.P.No.9 of 2013 filed by the respondent, already ex parte was decree passed on 18.06.2013, for the absence of the petitioner. The petitioner filed I.A.No.8 of 2014 to condone the delay in filing the application to set aside the ex parte decree passed in H.M.O.P.No.9 of 2013. The said application in I.A.No.8 of 2014 was posted for arguments and H.M.O.P.No.9 of 2013 is also pending before the Subordinate Court, Chidambaram. https://hcservices.ecourts.gov.in/hcservices/ In the above said circumstances, this petition is dismissed giving liberty to the petitioner to file fresh
Transfer Civil Miscellaneous Petition, if the order dated 18.06.2013 passed in H.M.O.P.No.9 of 2013 is set aside. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gv To The Subordinate Court, Chidambaram.
+1cc to Mr.A.Muthukumar, Advocate, S.R.No.42501 Tr.C.M.P. No.751 of 2016 and C.M.P.No.19438 of 2016 NRI(CO) CA(06/07/2017) https://hcservices.ecourts.gov.in/hcservices/