Madras High CourtTR CMP/951/2018disposed of

Manonmani @ Kavitha v. Arunkumar

2019-03-12Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Tr.CMP.No.951 of 2018 and C.M.P.No.23427 of 2018 Manonmani @ Kavitha ... Petitioner Vs.

Arunkumar ... Respondent PRAYER: Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P.No.239 of 2018 from the file of Subordinate Judge, Kancheepuram and transfer the same to any of the Family Court at Chennai.

For petitioner : Mrs.S.Manjula For Respondent : Mr.C.Palani

O R D E R

This petition is filed by the petitioner seeking to withdraw H.M.O.P.No.239 of 2018 from the file of Subordinate Judge, Kancheepuram and transfer the same to any of the Family Court at Chennai.

2. The petitioner is the wife. The respondent / husband filed a petition for divorce in H.M.O.P.No.239 of 2018 before the Subordinate Court, Kancheepuram.

3. Admittedly, the petitioner / wife resides within the jurisdiction of Sub Court, Tambaram. Whereas, the respondent / husband filed a petition for divorce before Sub Court, Kancheepuram. Even in the petition filed by the respondent / husband, the address of service for the petitioner / wife is shown as Nandampakkam, Chennai.

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

4. The learned counsel for the petitioner submitted that it is very difficult for her to travel from Nandampakkam to Kancheepuram to attend the case for every hearing.

5. Considering the physical and financial hardship caused to the petitioner / wife, this Court is inclined to transfer the case from Sub Court, Kancheepuram to Sub Court, Tambaram.

6. Accordingly, H.M.O.P.No.239 of 2018 pending on the file of the Sub Court, Kancheepuram is withdrawn and transferred to Sub Court, Tambaram. The learned Sub Judge, Tambaram is directed to renumber the petition, issue notice to the parties and dispose of the case as expeditiously as possible.

7. The Transfer Miscellaneous Petition is dispoed of, accordingly. No costs. Consequently, connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Sub Court, Tambaram.

2.The Sub Court, Kancheepuram.

+1cc to Mr.C.Palani, Advocate Sr.23262 Tr.CMP.No.951 of 2018 and C.M.P.No.23427 of 2018 pms[co] srg 27/04/2019 https://hcservices.ecourts.gov.in/hcservices/