← Library
Madras High CourtTR CMP/969/2019ordered

A.Vinothini v. K.Kathiravan

2020-01-21Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.969 of 2019 and C.M.P. No.26111 of 2019 A.Vinothini

...Petitioner

vs.

K.Kathiravan

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.47 of 2019 pending on the file of Additional Sub Judge I, Salem filed by the respondent/husband and transfer and tag along with M.O.P. No.508 of 2019 pending on the file of Family Court, filed by the petitioner/wife at Pondicherry. For Petitioner : Mr.B.Balavijayan For Respondent : No appearance

O R D E R

Wife has filed the present transfer civil miscellaneous petition seeking transfer of H.M.O.P. No.47 of 2019 pending on the file of Additional Sub Judge I, Salem to Family Court, Pondicherry, to be tried along with M.O.P. No.508 of 2019. 2.

According to the Petitioner, it would be very difficult for her to travel to Salem for attending the hearings in H.M.O.P. No.47 of 2019, along with her minor son.

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 In the result, the proceedings in H.M.O.P. No.47 of 2019 is withdrawn from the file of Additional Subordinate Judge I, Salem and is transferred to the file of Family Court, Pondicherry, to be tried along with M.O.P. No.508 of 2019. The Family Court, Pondicherry, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond https://hcservices.ecourts.gov.in/hcservices/

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.26111 of 2019 is closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar (Asr) To :

1.

The Family Court, Pondicherry 2.The Additional Subordinate Judge I, Salem +1 CC to Mr.B.Balavijayan, Advocate sr 4401.

Tr.C.M.P.No.969 of 2019 and C.M.P. No.26111 of 2019 LN(CO) SP(21/02/2020) https://hcservices.ecourts.gov.in/hcservices/