Madras High CourtTR CMP/856/2018disposed of

Indhumathi v. S.Singaravadivel

2019-02-05Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.02.2019 THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Tr.CMP.No.856 of 2018 and CMP.No.21198 of 2018 Indhumathi ... Petitioner Vs.

S.Singaravadivel ... Respondent PRAYER:

Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw the case in H.M.O.P.No.145 of 2018 pending on the file of the Hon'ble Principal Sub Court, Pudukkottai and transfer the same to the Hon'ble Family Court at Chennai.

For petitioner : Mr.V.Illanchezian For respondent : Mr.S.Dhakshnamoorthy

O R D E R

This petition is filed by the petitioner seeking to withdraw the case in H.M.O.P.No.145 of 2018 pending on the file of the Principal Sub Court, Pudukkottai and transfer the same to the Family Court at Chennai.

2.The admitted fact is that the respondent / husband is residing at Pudukottai and employed at Chennai. Further, he filed petition for dissolution of marriage, in H.M.O.P.No.145 of 2018 before Sub-Court Pudukottai.

3.It is submitted by the learned counsel for the petitioner/wife that petitioner is also residing at Chennai and therefore, for the convenience for both the parties, this matter can be transferred to Family Court, Chennai.

4.The learned counsel for the respondent would submit that it will be conducive, if the matter is posted before the SubCourt, Tambaram. He has also submitted that a Domestic Violence Case, bearing No.3 of 2018, is pending on the file of Judicial Magistrate, Alandur, Chennai.

5.Considering the convenience of both the parties, H.M.O.P. No.145 of 2018 pending on the file of the Principal Sub-Court, Pudukkotai is withdrawn and transferred to the file of Sub-Court, Tambaram. The learned Sub-Judge, Tambaram is directed to renumber the petition and issue notice to both the parties and dispose of the same as expeditiously as possible.

6. This Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bkn To 1.The Principal Subordinate Judge, Pudukkottai.

2.The Subordinate Judge, Tambaram.

+1cc to Mr.V.Illanchezian, Advocate, S.R.No.9566 +1cc to Mr.S.Dhakshnamoorthy, Advocate, S.R.No.9933 Tr.CMP.No.856 of 2018 and CMP.No.21198 of 2018 SU(CO) CS/26/03/2019