Madras High CourtTR CMP/865/2023allowed

P. Sundaravadhana v. M. Udayakumar

2023-10-12Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and C.M.P.No.20587 of 2023 Dr.P.Sundaravandhana ... Petitioner Vs.

Dr.M.Udaya Kumar ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the same in H.M.O.P.No.151 of 2022 on the file of the Sub Court, Devakottai, Sivagangai District to the Vth Additional Family Court, Chennai. For Petitioner : M/s.S.Padma For Respondent : No Appearance

O R D E R

This petition has been filed to withdraw and transfer the H.M.O.P.No.151 of 2022 on the file of the Sub Court, Devakottai, Sivagangai District to the V Additional Family Court, Chennai.

2. The learned counsel for the petitioner states that both the petitioner and respondent are residing at Chennai and they are Doctors. Currently they are doing MD profession and now staying at Chennai. But the respondent filed O.P.No.151 of 2022 before the Sub Court, Devakottai, Sivagangai District, which is now pending.

3. Admittedly, both are doing MD at Chennai and proper notice was served and the affidavit filed by the petitioner counsel also perused. Private notice is also served, but none appeared as on date for the respondent.

4. The Identity Card filed by the petitioner also perused before this Court, which shows that she is pursuing her Radiation Oncology in the Cancer Institute (WIA), Chennai.

5. In view of the facts and circumstances, the H.M.O.P.No.151 of 2022 pending on the file of the Sub Court, Devakottai, Sivagangai District stands transferred to the V Additional Family Court, Chennai. The Sub Court, Devakottai, Sivagangai District is directed to transmit all the case papers to the V Additional Family Court, Chennai also directed to issue notice to respondent and proceed with case as per manner known to law.

6. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 12.10.2023 Jeni Index : Yes / No Speaking order / Non-speaking order To 1.The Sub Court, Devakottai, Sivagangai District.

2.The V Additional Family Court, Chennai.

T.V.THAMILSELVI, J.

Jeni 12.10.2023