Saranya v. Loganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN TRANSFER C.M.P.NO.714 OF 2019 AND C.M.P.NO.20193 OF 2019 Saranya

...Petitioner

vs.

Loganathan

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P. No.75 of 2019 pending on the file of Sub Court, Kallakurichi and transfer the same to any other appropriate court at Namakkal.

For Petitioner :

Mr.N.Umapathi For Respondent :

No appearance

O R D E R

The Petitioner, who is presently residing at Namakkal Taluk, has come up with this Petition seeking transfer of H.M.O.P. No.75 of 2019 from the file of Sub Court, Kallakurichi to any other appropriate court at Namakkal.

2.

According to the Petitioner, it would be very difficult for her to travel to Kallakurichi from Namakkal for attending the hearings in H.M.O.P. No.75 of 2019, as she has to catch two buses to reach Kallakurichi. Apart from that her minor son cannot be looked afterby her father as he is old and sick and she has to travel along with her kid.

3. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.

4. There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that the Transfer Petition deserves to be allowed. https://hcservices.ecourts.gov.in/hcservices/

5. In the result, the proceedings in H.M.O.P. No.75 of 2019 is withdrawn from the file of Sub Court, Kallakurichi and is transferred to the file of Family Court, Namakkal, for trial. The Family Court, Namakkal is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs.

Consequently, connected C.M.P.No.20193 of 2019 is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar (Asr) To :

1.

The Judge, Family Court, Namakkal 2.

The Sub Judge, Kallakurichi +1cc to Mr.N.Umapathi, Advocate, S.R.No.3983 Tr.C.M.P.No.714 of 2019 and C.M.P. No.20193 of 2019 KK(CO) CS/02/03/2020 https://hcservices.ecourts.gov.in/hcservices/