← Library
Madras High CourtTR CMP/836/2021allowed

M.Kannan v. J.Loganayagi

2022-04-06Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.836 of 2021 and C.M.P.No.19151 of 2021 M.Kannan ... Petitioner Vs J.Loganayagi ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to transfer the F.C.M.C.No.46 of 2021 pending on the file of the Family Judge, Vellore and transfer the same to the file of the Family Court, Chennai for disposal in accordance with law.

For Petitioner : Mr.T.K.Sathiaseelan For Respondent : Served - No appearance

O R D E R

The Petitioner/husband has filed this Transfer Civil Miscellaneous Petition seeking to withdraw the F.C.M.C.No.46 of 2021 pending on the file of the Family Court, Vellore and transfer the same to the file of the Family Court, Chennai. 2.

The petitioner-husband has filed the Guardian O.P. before the Family Court, Chennai in G.W.O.P.No.2904 of 2020 and the same is pending. Subsequently, the respondent-wife has filed a petition for maintenance before the Family Court, Vellore in F.C.M.C.No.46 of 2021.

3.

Heard the learned counsel for the petitioner and perused the materials available on record. Though the respondent is served with notice, there is no representation for him either in person or through counsel.

https://hcservices.ecourts.gov.in/hcservices/

4.

Considering the fact that the Guardian O.P is pending before the Family Court, Chennai, since 2020 and the maintenance petition had been filed by the wife subsequent to the filing of the Guardian O.P, the interest of justice would be sub served, if the F.C.M.C is transferred to the Family Court, Chennai.

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. F.C.M.C.No.46 of 2021 pending on the file of the Family Court, Vellore shall stand withdrawn and the same is transferred to the file of the Family Court, Chennai. No Costs. Consequently, connected civil miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar srn To

1. The Family Court, Vellore.

2. The Family Court, Chennai.

3. The Section Officer, V.R.Section, High Court, Madras.

+3ccs to M/s.T.K.Sathiaseelan, Advocate, S.R.No.23612 Tr.C.M.P.No.836 of 2021 and C.M.P.No.19151 of 2021 PL(CO) SU(27/04/2022) https://hcservices.ecourts.gov.in/hcservices/