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Madras High CourtTR CMP/11/2025allowed

Vasantha v. G. Santhanam

2025-06-27Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-06-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 391 of 2025 Vasantha Petitioner(s) Vs G. Santhanam Respondent(s) PRAYER: This transfer civil miscellaneous petition has been filed under Section 151 of Civil Procedure Code seeking to withdraw the original petition in HMOP.No.75 of 2024 pending on the file of the Court of the Principal Subordinate Judge at Chengalpet and transfer the same to the file of the IV Additional Family Court, Chennai and try along with the MC.No.222 of 2024 pending on the file of the IV Additional Family Court, Chennai. For Petitioner(s):

Mr.J.N.Naresh Kumar For Respondent(s):

No appearance

ORDER

This transfer civil miscellaneous petition has been filed seeking to withdraw the original petition in HMOP.No.75 of 2024 pending on the file of

the Court of the Principal Subordinate Judge at Chengalpet and transfer the same to the file of the IV Additional Family Court, Chennai to be tried along with the MC.No.222 of 2024 pending on the file of the IV Additional Family Court, Chennai.

2. The respondent has refused to receive notice in the above transfer civil miscellaneous petition. The respondent is called ex-parte.

3. Heard the learned counsel for the petitioner and I have also gone through the application for transfer.

4. The petitioner-wife is facing divorce proceedings in HMOP.No.75 of 2024 on the file of Principal Subordinate Court, Chengalpet. The petitioner has filed M.C.No.222 of 2024 before the IV Additional Family Court, Chennai. The petitioner has expressed genuine inconvenience to attend the hearing before the Principal Subordinate Court, Chengalpet and also in order to have effective and joint trial she seeks for transfer of the said proceedings on the file of IV

Additional Family Court, Chennai along with M.C.No.222 of 2024.

5. In fine that the petitioner has made out good ground for transfer as prayed for. The transfer civil miscellaneous petition is allowed and HMOP.No.75 of 2024 is withdrawn from the file of Principal Subordinate Court, Chengalpet and transferred to the file of the IV Additional Family Court, Chennai to be tried along with M.C.No.222 of 2024. No costs. Consequently, connected miscellaneous petition is closed.

27-06-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Subordinate Judge at Chengalpet

2. The IV Additional Family Court, Chennai.

P.B.BALAJI J.

RAP AND CMP No. 391 of 27-06-2025