S. Mounica v. P.R.Subanesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and C.M.P.No. 25557 of 2023 S.Mounica ... Petitioner Vs.
P.R.Subanesh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the case pending in HMOP No.300 of 2023 pending on the file of the Hon'ble Additional Subordinate Judge, Kumbakonam and transfer the same to the file of any of the Hon'ble Family Courts in Chennai.
For Petitioner : Ms.K.Sumathi For Respondent : No such addressee 1/5
O R D E R
The petitioner/wife seeks transfer of H.M.O.P.No.300 of 2023 pending on the file of Addl. Sub-Judge, Kumbakonam, which was filed by the respondent husband to the file of any Family Courts at Chennai. The petitioner wife seeks transfer of the proceedings on the ground that she is living with two year old child and she is not able to travel from her place of residence to attend every hearings before Addl. Sub-Judge, Kumbakonam.
2. Records perused. The reasons assigned by the petitioner wife is justifiable one and the fact that she is living with two year old child. Furthermore, two notices were sent to him to the address as mentioned in his petition, but the same was returned unserved with an endorsement "no such addressee". Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in H.M.O.P.No.300 of 2023 is withdrawn from the file of the Addl. Sub-Judge, Kumbakonam and transferred to the file of Family Court, Chennai and the learned Addl. Sub-Judge, Kumbakonam is 2/5
directed to transfer the case to the Family Court, Chennai within a period of two weeks from the date of receipt of copy of this order. The learned Judge, Family Court, Chennai is also directed to take case on file within period of one week from the date of receipt of papers and issue notice to the respondent as per manner known to law and thereafter, to dispose the case as early as possible. No costs. Consequently, connected civil miscellaneous petition is closed.
01.12.2023 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To 1.The Additional Subordinate Judge Kumbakonam.
2.The Family Court, Chennai.
3/5
T.V.THAMILSELVI, J.
rpp 01.12.2023 4/5