Madras High CourtTR CMP/760/2016disposed of

Hemamalini v. K.V. Balaji

2016-12-05Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2016

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.760 of 2016 Hemamalini ...

Petitioner Vs.

K.V.Balaji ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw O.P.No.227 of 2012 on the file of the III Additional Family Court, Chennai and transfer the same to the Family Court, Villupuram. For Petitioner: Mr.A.Murugan

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the wife, who has filed O.P.No.227 of 2011 on the file of the III Additional Family Court, Chennai under section 13(i)(a) of the Hindu Marriage Act for dissolution of marriage held between the petitioner and the respondent on 11.06.2009.

2.The respondent has also filed O.P.No.2961 of 2012 on the file of the III Additional Family Court, Chennai under section

(9) of the Hindu Marriage Act for restitution of conjugal rights. 3.Transfer is sought by the petitioner on the ground that she is residing in Villupuram and it is very difficult for her to come to Chennai for each of the hearing. It is also stated that she had been accompanied by her father for all these years, but her father died in the year 2015. Hence, it will be difficult for her to attend the further hearings. Therefore, the present petition has been filed.

4.From the records, it is seen that the original petitions are of the year 2011 and 2012 and pleadings are complete and it is only posted for enquiry. It would suffice to give a direction to the III Additional Family Court, Chennai to dispose of both the Original Petition Nos.227 of 2011 and 2961 of 2012 https://hcservices.ecourts.gov.in/hcservices/

on merits on or before 28.02.2017 and report before this Court. 5.With the above said direction, this Transfer Civil Miscellaneous Petition is disposed of. No costs. 6.Post the Transfer Civil Miscellaneous Petition for reporting compliance on 03.03.2016.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar SRN To 1.The III Additional Family Court, Chennai.

2.The judge , Family court, villupuram.

Copy to The Section Officer, Judicial section, High Court, Madras.

+1cc to Mr.Murugan, Advocate, S.R.No.71799 Tr.C.M.P.No.760 of 2016 NRJK(CO) GN(12/01/2017) srn https://hcservices.ecourts.gov.in/hcservices/