The High Court of Judicature at Madras accepted the petition to withdraw an original petition filed in the Family Court, Chennai, and transferred it to the Family Court, Villupuram, citing the convenience of the parties.
Withdrawal of Original Petition No.3725 of 2018 from Family Court, Chennai and transfer to Family Court, Villupuram.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
Tr.C.M.P.No.1024 of 2019 and C.M.P.No.27379 of 2019
K.Uma Maheswari ... Petitioner Vs. R.Dhanasekaran ... Respondent Petition filed under Section 24 of the Code of Civil Procedure to withdraw the O.P.No.3725 of 2018 on the file of the V Additional Judge, Chennai and transfer the same to Family Court, Puducherry.
For Petitioner : Mr.Prakash Adiapadam
For Respondent : Mr.R.Muthukumar
The petitioner - wife has filed the above Transfer Civil Miscellaneous Petition to withdraw the Original Petition in O.P.No.3725 of 2018 pending on the file of the V Additional Judge, Family Court, Chennai and to transfer the same to the file of the Family Court, Puducherry.
2.It is the contention of the petitioner that she is residing at Puducherry and for attending the Court hearing, she has to travel for more than 3½ hours. Further, the petitioner has stated that if the Original Petition is transferred to some other Court nearby Puducherry, it would be convenient for her to attend the hearings.
3.When the Transfer Civil Miscellaneous Petition is taken up for hearing, the learned counsel appearing for the petitioner submitted that the O.P.No.3725 of 2018 pending on the file of the V Additional Family Judge, Family Court, Chennai may be transferred to the file of the Family Court, Villupuram.
4.The learned counsel appearing for the respondent – husband also submitted that the respondent has no objection for transferring the Original Petition to the file of the Family Court, Villupuram.
5.In view of the submissions made by the learned counsel on either side, I withdraw the Original Petition in O.P.No.3725 of 2018 pending on the file of the V Additional Family Judge, Family Court, Chennai and transfer the same to the file of the Family Court, Villupuram. The V Additional Judge, Family Court, Chennai is directed to despatch the case bundle to the Family Court, Villupuram within ten days from the date of receipt of a copy of this order. On receipt, the Judge, Family Court, Villupuram is directed to re-number the Original Petition and dispose of the same as expeditiously as possible.
6.With these observations, the Transfer Civil Miscellaneous Petition is ordered. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
To
1.The Vth Additional Judge,
Chennai.
2.The Judge,
Family Court,
Puducherry.
3.The Judge,
Family Court,
Villupuram.
+1cc to Mr.E.Anbarasan, Advocate Sr.19076
+1cc to Mr.R.Muthukumar, Advocate Sr.19056
Tr.C.M.P.No.1024 of 2019 and C.M.P.No.27379 of 2019
rk[co] srg 06/03/2020
1 issue framed by the court
Whether the instant Transfer Civil Miscellaneous Petition can be accepted to transfer the original petition from Family Court, Chennai to Family Court, Villupuram?
1 provisions across 1 enactments
K.Uma Maheswari
R.Dhanasekaran
M.Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
