Allowed

S.Anusha v. Arunkumar

Madras HC27 Apr 2019TR CMP/258/2019

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition filed by a wife to move a husband's restitution of conjugal rights petition from Family Court, Vellore to Chennai. The transfer was granted due to the petitioner's difficulty traveling for hearings. The petition was transferred to be tried with another case at the destination court.

What did the court decide?

The petition is transferred to II Additional Family Court, Chennai, to be tried along with H.M.O.P. No. 1042 of 2019.

S.Anusha Vs Arunkumar — Writ and Judicial Review | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED:27.04.2019

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

¶5

Tr.CMP.Nos.258 of 2019
and
C.M.P.No.7545 of 2019
S.Anusha ... Petitioner
Vs.
Arunkumar ... Respondent
PRAYER: Transfer Civil Miscellaneous petitions filed under
section 24 of the Civil Procedure Code, praying to transfer the
F.C.O.P.No.311 of 2018 from the file of the Family Court,
Vellore to the file of Second Additional Family Court, Chennai
and to be tried along with H.M.O.P.No.1042 of 2019.
For petitioner : Dr.D.Simon
For Respondent : No Appearance
***
O R D E R

¶6

This petition is filed by the petitioner seeking to transfer the F.C.O.P.No.311 of 2018 from the file of the Family Court, Vellore to the file of Second Additional Family Court, Chennai and to be tried along with H.M.O.P.No.1042 of 2019.

¶7

The petitioner is the wife. The respondent / husband filed a petition for restitution of conjugal rights before Family Court, Vellore. Whereas, the petitioner filed a petition for divorce before Family Court, Chennai. The petitioner / wife finds it difficult to travel from Chennai to Vellore for every hearing of the case and hence seeks transfer of the petition filed by respondent / husband from Family Court, Vellore to Family Court, Chennai.

¶8

Despite the service of notice, respondent / husband has not chosen to appear before this Court either in person or through counsel.

¶9

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

¶10

Considering the physical hardship caused to the petitioner / wife, this Court is inclined to allow the transfer petition filed by petitioner / wife. Accordingly, F.C.O.P.No.311 of 2016 pending on the file of Family Court, Vellore is withdrawn and transferred to II Additional Family Court to be tried along with H.M.O.P.No.1042 of 2019. The Family Court, Vellore is directed to transfer the bundles to II Additional Family Court, Chennai, forthwith.

¶11

The transfer civil miscellaneous petition is ordered, accordingly. No costs. Consequently, connected civil miscellaneous petition is closed.

¶12

Sd/-
Assistant Registrar (CS-VIII)
//True Copy//
Sub Assistant Registrar
bkn
To
1. The Judge, Family Court, Vellore.
2. The Judge, Family Court, Chennai.
+1 cc to Mr.D.Simon, Advocate, S.R.No.41091
Tr.CMP.Nos.258 of 2019
and
C.M.P.No.7545 of 2019
RJ(CO)
SSM(30/04/2019).

¶13

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

S.Anusha v. Arunkumar

Case brief

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What did the court decide?

S.Anusha v. Arunkumar

Case brief

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