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S.Manju vs Nagaraj @ Bharath

Madras High Court|07 June, 2017

JUDGMENT / ORDER

This petition is filed to withdraw H.M.O.P.No.30 of 2015 from the file of the Sub Court, Perundurai and transfer to the file of the Family Court, Chennai.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 18.06.2014 as per Hindu rites and customs. Due to dispute, both of them are living separately. The respondent filed H.M.O.P.No.30 of 2015 to declare the marriage as null and void, on the file of the Sub-Court, Perundurai.
3. According to the petitioner, she is residing at Kozhikode. She is unemployed and is depending on her father. The respondent is a politically influenced person and she is facing life threat, when she has come to Perundurai for attending the hearing. The respondent is working in Chennai. The petitioner has also filed H.M.O.P.No.1586 of 2017 on the file of the III Additional Family Court, Chennai and the same is pending. Therefore, she prays for transfer of H.M.O.P.No.30 of 2015 from the file of the Sub Court, Perundurai to the file of the III Additional Family Court, Chennai and to try along with H.M.O.P.No.1586 of 2017.
4. Learned counsel for the respondent submitted that the respondent has no objection to transfer the case as sought for by the petitioner and he has also made an endorsement to that effect.
5. Recording the no objection given by the learned counsel for the respondent, without deciding the issue on merits, the petition in H.M.O.P.No.30 of 2015 is ordered to be withdrawn from the file of the Sub-Court, Perundurai and transferred to the file of the III Additional Family Court, Chennai and to be tried along with H.M.O.P.No.1586 of 2017. The presiding Officer, Sub-Court, Perundurai, is directed to transmit all the records pertaining to H.M.O.P.No.30 of 2015 to the file of the III Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.
6. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.
07.06.2017 kj To
1.The Sub-Court, Perundurai.
2.The III Additional Family Court, Chennai.
V.M.VELUMANI,J.
kj Tr.C.M.P. No.750 of 2016 and C.M.P.No.19308 of 2016 07.06.2017 http://www.judis.nic.in
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Title

S.Manju vs Nagaraj @ Bharath

Court

Madras High Court

JudgmentDate
07 June, 2017