The wife, who is the respondent in O.P.No.4215 of 2016 before the Family Court, Chennai, is the petitioner. She seeks transfer of the said proceedings to the file of the Sub Court, Theni.
2. According to her, she has instituted H.M.O.P.No.6 of 2017 seeking restitution of conjugal rights on the file of the Sub Court, Theni and the same is pending.
3. Even in the Original Petition filed before the Family Court, Chennai, the wife is shown to be residing at No.81/40, Ambhasamuthiram, Govinda Nagaram Post, Theni.
4. Though the respondent/husband has been served on 10.03.2017, he has neither chosen to appear in person nor he has engaged a Counsel duly instructed.
5. Considering the convenience of the petitioner/wife, the proceedings in O.P.No.4215 of 2016 are withdrawn from the file of the Family Court, Chennai and transferred to the file of the Sub Court, Theni, to be tried along with H.M.O.P.No.6 of 2017. The Family Court, Chennai, is directed to transmit the papers in O.P.No.4215 of 2016 to the file of the Sub Court, Theni, within a period of two weeks from the date of receipt of a copy of this order.
6. In the result, this Transfer Civil Miscellaneous Petition is ordered as above. No costs. Consequently, the connected civil miscellaneous petition is closed.
To
1.The Family Court, Chennai.
2.The Sub Court, Theni..