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Madras High CourtTR CMP/999/2019allowed

Anitha Sankaralingam v. Sandesh

2020-02-06Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.999 of 2019 Anitha Sankaralingam

...Petitioner

vs.

Sandesh

...Respondent

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.4099 of 2019 from the file of the I Additional Family Court at Chennai and transfer the same to the file of the Family Court at Namakkal to be tried jointly along with H.M.O.P.No.172 of 2019 on the file of the Family Court at Namakkal. For Petitioner :

Mr.P.Vijayakanth For Respondent :

No appearance

O R D E R

The Petitioner, who is presently residing at Namakkal, has come up with this Petition seeking transfer of H.M.O.P.No.4099 of 2019 from the file of the I Additional Family Court at Chennai to the file of the Family Court, Namakkal, to be tried along with H.M.O.P.No.172 of 2019, on the ground that, it would be difficult for her to travel all the way from Namakkal to attend the hearings in Chennai.

2. 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.

3. 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.

4. In the result, the proceedings in H.M.O.P.No.4099 of 2019 is withdrawn from the file of the I Additional Family Court, Chennai to the file of the Family Court at Namakkal for being tried along with H.M.O.P.No.172 of 2019. The Family Court, Namakkal is expected to conclude the joint trial, as https://hcservices.ecourts.gov.in/hcservices/

expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

5. The Transfer Civil Miscellaneous Petition is allowed as indicated above.

No costs.

Consequently, connected C.M.P.No.26694 of 2019 is closed.

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

1.The I Additional Judge, Family Court, Chennai. 2.The Judge, Family Court, Namakkal.

+1cc to Mr.P.Vijayakanth, Advocate, SR.No.9724. Tr.C.M.P.No.999 of 2019 CA(CO) CSR: 10.03.2020 https://hcservices.ecourts.gov.in/hcservices/