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Madras High CourtTR CMP/1046/2019allowed

H.Rafiya Begum v. J.Irfan Hyder

2020-02-03Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.1046 of 2019 and C.M.P. No.27863 of 2019 H.Rafiya Begum

...Petitioner/Defendant

vs.

J.Irfan Hyder

...Respondent/Plaintiff

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw F.C.O.S. No.5 of 2019 on the file of Family Court at Vellore and transfer the same to the Family Court at Chennai. For Petitioner : Mr.R.Thirunavukkarasu For Respondent : No appearance

O R D E R

The Petitioner, who is presently residing at Royapettah, Chennai, has come up with this Petition seeking transfer of F.C.O.S. No.5 of 2019 pending on the file of Family Court at Vellore to the file of Family Court at Chennai. 2.

According to the Petitioner, it would be difficult for her to travel from Chennai to attend the hearings in F.C.O.S. No.5 of 2019 on the file of Family Court at Vellore.

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 In the result, the proceedings in F.C.O.S. No.5 of 2019 is withdrawn from the file of the Family Court, Vellore and is transferred to the file of Family Court, Chennai, for trial. The Family Court, Chennai 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.

https://hcservices.ecourts.gov.in/hcservices/

6. The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.27863 of 2019 is closed.

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

1.The Family Court, Chennai.

2.The Family Court, Vellore.

+1cc to M/s.R.Thirunavukarasu, Advocate SR.8234 Tr.C.M.P.No.1046 of 2019 and C.M.P. No.27863 of 2019 RSI(CO) CB(21/02/2020) https://hcservices.ecourts.gov.in/hcservices/