THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR CMP NO.431 of 2017
AND CMP NO.8900 of 2017 J.Suneetha ... Petitioner
versus
J.Anthony Babu ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the I.D.O.P No. 6 of 2017 pending at Principal District Judge at Vellore to the Principal Judge Family Court at Chennai.
For Petitioner : Mr.S.Lokaiah For Respondent : Mr.S.Prasad Baby O R D E R The petitioner has filed this transfer petition with a prayer to withdraw the proceedings in I.D.O.P No. 6 of 2017 from the file of Principal District Court, Vellore, and transfer the same to the file of Principal Family Court, Chennai.
2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.
3. The petitioner is a resident of Chennai. The respondent instituted a proceedings in I.D.O.P No. 6 of 2017 for divorce. According to the petitioner, it would be very difficult for her to travel from Chennai to Vellore, to defend the proceedings.
4. The learned counsel for the respondent would submit that there is some difficulty for the respondent to appear before the Court at Chennai for defending the proceedings and hence, he seeks for transferring the same to another Court.
5. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.
6. The petitioner has produced sufficient materials justifying the transfer. In fact, there is nothing on record suspecting the bonafides in filing this transfer petition. Considering the physical http://www.judis.nic.iinnconvenience caused to the petitioner, this Court is of the view that the transfer petition deserves to be allowed.
7. Accordingly, the proceedings in I.D.O.P No. 6 of 2017 is withdrawn from the file of Principal District Vellore and is transferred to Additional District Court, Poonamallee, for disposal on merits. The Additional District Judge, Poonamallee, is directed to complete the trial, within a period of six months from the date of receipt of a copy of this order.
8. The Transfer Civil Miscellaneous Petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.
28.07.2017
Index : Yes/No Internet : Yes/No bsm/tk To
1) The Principal Sub-Court, Trichy.
2) The Additional District Court Poonamallee.
M.GOVINDARAJ, J.
bsm/tk TR CMP NO.431 of 2017 AND CMP NO.8900 of 2017 28.07.2017