Madras High CourtTR CMP/770/2016allowed

T.Revathi v. R.Karthik Rajan

2017-01-04Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.770 of 2016 Ms.T.Revathi .. Petitioner Vs.

R.Karthik Rajan .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw H.M.O.P.No.350 of 2016 pending before the Sub-Court, Poonamallee and transfer the same to the Family Court, Thiruvallur.

For petitioner : Ms.K.M.Valsala For respondent : Mr.M.A.Pragash

ORDER

The wife is the petitioner in this Tr.C.M.P. She has filed H.M.O.P.No.350 of 2016 before the Sub-Court for annulling the marriage, under Section 12(1)(a) of the Hindu Marriage Act. She has also filed a petition for maintenance in M.C.No.5 of 2016 before the Judicial Magistrate-2, Thiruvallur. In the meantime, Crl.O.P.No.24758 of 2016 was filed before this Court at the instance of the husband, who is the respondent herein, to transfer M.C.No.5 of 2016 to the Family Court, Thiruvallur. The said transfer was ordered by this Court on 11.11.2016, with liberty to the husband to take appropriate application for transferring the H.M.O.P.No.350 of 2016 also from the file of the SubCourt, Poonamallee to the Family Court, Thiruvallur. Since the husband has not filed or taken any steps to transfer H.M.O.P.No.

350 of 2016 to the file of the Family Court, Thiruvallur, now the wife has come up with the present Tr.C.M.P. for transferring H.M.O.P.No.350 of 2016 pending on the file of the Sub-Court, Poonamallee to be transferred to the file of the Family Court, Thiruvallur. Learned counsel for the respondent-husband has no serious objection for the said transfer. Accordingly, this Tr.C.M.P. is allowed as prayed for, by ordering transfer of https://hcservices.ecourts.gov.

H.M.O.P.No.350 of 2016 from the file of the Sub-Court, Poonamallee to the file of the Family Court, Thiruvallur. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cs To

1. The Subordinate Judge, Poonamallee

2. The Judge, Family Court, Thiruvallur.

+1cc to Mr.Kumar, Advocate, S.R.No.592 +1cc to Mr.Pragash, Advocate, S.R.No.520 NM(CO) RS(11/01/2017) Tr.C.M.P.No.770 of 2016 https://hcservices.ecourts.gov.in/hcservices/