Madras High CourtTR CMP(MD)/186/2019allowed

L.Vijayalakshmi, v. S.Praveen Kumar @ Sri Raghavan

2019-09-23Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD) No.186 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2019 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.186 of 2019 and C.M.P.(MD) No.4270 of 2019 L.Vijayalakshmi ... Petitioner vs.

S.Praveen Kumar @ Sri Raghavan ... Respondent Prayer:- This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the HMOP.No.149 of 2019 from the file of the Sub Court, Tambaram to the file of the Family Court, Trichy.

For Petitioner : Mr.R.Narayanan For Respondent : Mr.A.Mohandoss

ORDER

The above Transfer Civil Miscellaneous Petition has been filed at the behest of the petitioner/wife to withdraw and transfer the HMOP.No.149 of 2019 from the file of the Subordinate Court, Tambaram to the file of the Family Court, Trichy, where, the petitioner is residing in a care and custody of her parents. 2.The petitioner has come forward with the case that she would be unable to defend the case at Tambaram, as it is very difficult to travel to Tambaram by herself and further, she requires the assistant of another person both for travel and stay at Tambaram. 3.The learned counsel appearing for the petitioner would submit that the respondent/husband has not given any amount as maintenance and therefore, she is totally depending on her parents. 4.

Considering the fact that the residence of the petitioner/wife is not within the jurisdiction of the Court, where the petition for divorce in HMOP.No.149 of 2019 is filed and taking into account the hardship that is likely to be caused to the petitioner/wife, this Transfer Civil Miscellaneous Petition is allowed and the petition in H.M.O.P.No.149 of 2019 pending on the https://hcservices.ecourts.gov.

TR.C.M.P.(MD) No.186 of 2019 file of the Subordinate Court, Tambaram, is ordered to be withdrawn and transferred to the file of Family Court at Trichy. The learned Subordinate Judge, Tambaram, is directed to transmit the entire records of H.M.O.P.No.149 of 2019 to the learned Judge, Family Court at Trichy as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (A.S) // True Copy // Sub Assistant Registrar(CS ) mm To 1.The Subordinate Judge, Tambaram.

2.The Judge, Family Court, Trichy.

+1 CC to M/s.T.BANUMATHY, Advocate SR-88822. +1 CC to M/s.A.MOHAN DOSS, Advocate SR-89325. TR.C.M.P.(MD) No.186 of 2019 23.09.2019 CS(15.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2