← Library
Madras High CourtTR CMP(MD)/237/2015ordered

P.Jothimani, (F/Age,50) v. S.Paramananthan @ Mughil,

2017-04-05Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P(MD)No.237 of 2015 and M.P(MD)No.1 of 2015 Mrs.P.Jothimani .. Petitioner vs.

S.Paramananthan @ Muguil .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw and transfer the HMOP No.6 of 2015, on the file of the Sub Court, Ranipet to the file of the Family Court at Trichy.

For Petitioner : M/s.Akarathi for T.Banumathy For Respondent : E.K.Kumaresan

ORDER

Petitioner/Wife seeks transfer of H.M.O.P.No.6 of 2015 on the file of the Sub Court, Ranipet to the file of the Family Court at Trichy. Wife claims to be residing at Door No.45, 7th Street, Kurinji Nagar, Burma Colony, Kattur, Trichy and the said property belongs to the husband.

2.Though, the husband would claim that the wife is not residing there, he would admit the ownership of the property. While the husband is working at Bharat Heavy Electricals Limited, Ranipet, both of them reside at BHEL Township Ranipet. It is the claim of the wife that when she went in Australia to attend her daughter, who had delivered child, the respondent/husband without her knowledge vacated the quarters and moved out. Hence, she was forced to occupy the house belonging to the husband at Trichy. The husband admits the ownership of the house at Trichy. 3.In view of the amended provisions of the Hindu Marriage Act, which enables the wife to institute the proceedings at the place where she is residing and also taking into account the convenience of wife, this petition is ordered and H.M.O.P.No.6 of 2015 on the file of the Sub Court, Ranipet is withdrawn and transferred to https://hcservices.ecourts.gov.in/hcservices/

Family Court, Trichy.

No costs. Consequently, connected miscellaneous petition is also closed.

4.The Family Judge, Trichy is directed to dispose the H.M.O.P.No.6 of 2015 on priority basis at any rate within a period of six months from the date of receipt from the Sub Court, Ranipet.

Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Ranipet.

2.The Judge, The Family Court, Trichy.

+1 cc to M/s.T.Banumathy , Advocate in SR.No. 50118 am AE/SV MMS/17.04.2017/2P/4C TR.C.M.P(MD)No.237 of 2015 05.04.2017 https://hcservices.ecourts.gov.in/hcservices/