Madras High CourtTR CMP/891/2022allowed

Premalatha v. Balamurugan

2022-10-13Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Tr.C.M.P.No.891 of 2022 and C.M.P.No.15436 of 2022 Premalatha

...Petitioner

Vs.

Balamurugan ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC to withdraw the HMOP No.106 of 2022 pending on the file of Family Court, Villupuram and transfer the same to the Family Court, Tiruvannamalai.

For Petitioner : Mr.B.Jawahar

ORDER

The present petition is filed seeking to transfer the HMOP No.106 of 2022 pending on the file of Family Court, Villupuram, to the Family Court, Tiruvannamalai.

2. HMOP.No.106 of 2022 was filed by the respondent/husband for dissolution of marriage under Section 13(1) (i-a) of the Hindu Marriage Act, 1955, against the revision petitioner.

3.Heard Mr.B.Jawahar, learned counsel appearing for the petitioner.

4.Though notice was served on the respondent and his name is printed in the cause list, there is no representation on behalf of the respondent, either in person or through a counsel.

5. Mr.B.Jawahar, learned counsel appearing for the petitioner contended that the petitioner is presently residing in Tiruvannamalai district with her mother and she is unable to go over to Villupuram which is 65 km away from her village, to attend each and every hearing before the Family Court, Villupuram.

6. Since the petitioner is residing with her mother at Tiruvannamalai, in the interests of justice, HMOP No.106 of 2022 is withdrawn from the file of Family Court, Villupuram and transferred to the file of Family Court, Tiruvannamalai. The learned Family Court Judge, Villupuram is directed to send all the records pertaining to HMOP No.106 of 2022 to the Family Court, Tiruvannamalai with immediate effect. 7.With the above directions, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

13.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

R. HEMALATHA, J.

bga To 1.The Judge, Family Court, Villupuram.

2.The Judge, Family Court, Tiruvannamalai.

3.The Section Officer, VR Section, High Court, Madras. Tr.C.M.P.No.891 of 2022 and C.M.P.No.15436 of 2022 13.10.2022