Petitioner sought transfer of divorce proceeding to Family Court Chennai due to residence and health constraints. Court granted transfer.
Transfer of H.M.O.P.No.476 of 2014 from III Additional Sub Court, Madurai to Family Court, Chennai.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2015
CORAM
THE HONOURABLE Mr. JUSTICE N. KIRUBAKARAN
Tr.C.M.P.No.372 of 2015 and M.P.No.1 of 2015 S.premakumari ..Petitioner /vs/ S.Sakthi Srinivasan ..Respondent Prayer
Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw H.M.O.P.No.476 of 2014 on the file of the III Additional Sub Court, Madurai, Tirumangalam Camp and transfer the same to any one of the Family Court at Chennai.
The wife/petitioner has come before this Court seeking to transfer of H.M.O.P.No.476 of 2014, which was filed by the respondent/husband before the III Additional Sub Court, Madurai, Tirumangalam Camp for divorce.
2.Even though the respondent/husband was served and his name is also appearing in the cause list, no one entered appearance. Hence, this Court decides to proceed with the matter based on the available records.
3.The petitioner is living with her parents in Padi, Chennai and therefore, she is unable to travel about 500 kms for appearing before the III Additional Sub Court, Madurai. That apart, she is also under going dialysis regularly as her kidneys got damaged. Moreover, it is represented that the husband is also living in Chennai. In those circumstances, it is appropriate to transfer H.M.O.P.No.476 of 2014 on the file of the III Additional Sub Court, Madurai, Tirumangalam Camp to the Family Court, Chennai.
4.With the above observations, this Transfer Civil Miscellaneous Petition is ordered. No costs. Consequently, the connected Miscellaneous Petition is also closed.
ari
s/d-
Deputy Registrar(J)
True Copy
Sub-Assistant Registrar
To
1.III Additional Sub Court,
Madurai,
Thirumangalam Camp.
2.The Family Court,
Chennai.
+ 1 cc to M/s.K.S.Kumar, Advocate SR 33262
ca(co)
prk16/7
Tr.C.M.P.No.372 of 2015
1 provisions across 1 enactments
S. Premakumari
S. Sakthi Srinivasan
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
