Madras High CourtTR CMP(MD)/514/2016ordered

C.Akila v. M.Mahendra Prabhu

2017-04-18Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD) No.514 of 2016 and C.M.P(MD)No.10613 of 2016 C.Akila ... Petitioner Vs.

M.Mahendra Prabhu ... Respondent Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw H.M.O.P.No.876 of 2016 on the file of Additional Family Court, Coimbatore and transfer the same to the file of the Subordinate Court, Ambasamudram.

For Petitioner : Mr.R.J.Karthick For Respondent : No Appearance * * * *

O R D E R

The petitioner, who is the wife facing proceedings for divorce on the ground of cruelty before the Additional Family Court at Coimbatore in H.M.O.P.No.876 of 2016, seeks transfer of the same to the file of the Subordinate Court, Ambasamudram, on the ground of convenience. Even in the petition filed before the Additional Family Court at Coimbatore in H.M.O.P.No. 876 of 2016, the wife is shown to be living at Tenkasi in Tirunelveli District. In the affidavit filed in support of this transfer petition, the petitioner/wife has stated that since her father was transferred to Ambasamudram, she is now residing at Ambasamudram.

2. The respondent/husband has been served through private notice, but he has not chosen to appear either in person or through Counsel.

3. Considering the averments made in the affidavit filed in support of this transfer petition as well as the convenience of the wife, the proceedings in H.M.O.P.No.876 of 2016 is withdrawn from the file of the Additional Family Court, Coimbatore and transferred to the file of the Sub Court, Ambasamudram. https://hcservices.ecourts.gov.in/hcservices/

4. The Additional Family Court, Coimbatore, is directed to despatch the records in H.M.O.P.No.876 of 2016 to the Subordinate Court, Ambasamuthram, within a period of two weeks from the date of receipt of a copy of this order. The Subordinate Court, Ambasamuthram, is directed to dispose of the H.M.O.P.No.876 of 2016 as expeditiously as possible, after receipt of the records from the Additional Family Court, Coimbatore.

5. Accordingly, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Additional Family Court, Coimbatore.

2.The Subordinate Court, Ambasamudram.

+1cc to Mr.R.J.KARTHICK Advocate in SR. No.52433 SSS JS/RSK/4.05.2017/2P-4C Tr.C.M.P(MD)No.514 of 2016 and C.M.P(MD)No.10613 of 2016 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/