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Madras High CourtTR CMP/826/2019allowed

Archana Visveswari v. Sriram

2019-12-18Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.826 of 2019 Archana Visveswari

...Petitioner

vs.

Sriram

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.126 of 2018 from the file of the Sub Court, Hosur and to transfer the same to the Family Court at Dharmapuri. For Petitioner : Mr.V.Sakkarapani For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Dharmapuri, has come up with this Petition seeking transfer of H.M.O.P.No.126 of 2018 from the file of the Sub Court, Hosur to the file of the Family Court at Dharmapuri. 2.

According to the Petitioner, it would be difficult for her to travel all the way from Dharmpuri to attend the hearings in H.M.O.P.No.126 of 2018 pending on the file of the Sub Court, Hosur, along with her child.

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.

5. In the result, the proceedings in H.M.O.P.No.126 of 2018 is withdrawn from the file of the Sub Court, Hosur and is transferred to the file of the Family Court at Dharmapuri, for trial. The Family Court, Dharmpuri 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.

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6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.22826 of 2019 is closed.

Sd/- Assistant Registrar (JJ Act) //True Copy// Sub Assistant Registrar (jas/aeb) To :

1.

The Subordinate Court, Hosur.

2.

The Family Court, Dharmapuri.

+1cc to Mr.V.Sakkarapani, Advocate, S.R.No. 105091 Tr.C.M.P.No.826 of 2019 GMR(CO) GN(11/02/2020) https://hcservices.ecourts.gov.in/hcservices/