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B. Anuradha vs A. Gurunathan

Madras High Court|21 August, 2009

JUDGMENT / ORDER

This transfer petition is filed to transfer HMOP No. 97 of 2007 from the file of the Subordinate Court, Kovilpatti to the file of the Principal Family Court, Chennai to be tried separately along with HMOP No. 132 of 2008.
2. HMOP No. 97 of 2007 is filed before the Subordinate Court, Kovilpatti, by the husband for divorce. The wife has filed HMOP No. 132 of 2008 before the Principle Family Court, Chennai for restitution of conjugal right. The wife has filed the transfer petition stating that it is difficult for her to travel all the way from Chennai to Kovilpatti to attend the hearing of the case. The petitioner/wife states that she is a single lady and does not have any friend or relative to support her and to attend the Court proceedings at Kovilpatti.
3. It is also not in dispute that both the parties are presently residing in Chennai. The respondent/ husband has no objection for transferring the petition in HMOP No. 97 of 2007 to the file of Principal Family Court, Chennai provided both the cases are tried separately.
4. Since both the parties are residing in Chennai, and the respondent / husband has no objection for transfer, no useful purpose would be served in conducting the trial in HMOP No. 97 of 2007 before the Subordinate Court, Kovilpatti. Hence, the transfer petition is ordered. The HMOP No. 97 of 2007 pending on the file of Subordinate Court, Kovilpatti, is withdrawn and transferred to the file of Principal Family Court, Chennai, so as to try the case separately along with HMOP No. 132 of 2008 and dispose of both the cases at the earliest. Consequently, M.P.No. 1 of 2008 is closed. No costs.
ra To
1.The Subordinate Judge, Kovilpatti.
2.The Presiding Officer, Principal Family Court, Chennai
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Title

B. Anuradha vs A. Gurunathan

Court

Madras High Court

JudgmentDate
21 August, 2009