This transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw and transfer H.M.O.P.No.3075 of 2016 pending on the file of the II Additional Family Court, Chennai to Sub- ordinate Court at Madurai to try the same.
2. The petitioner would aver among other things that the marriage between the petitioner and the respondent herein was solemnized on 04.03.2012. The petitioner would further aver that all the demands of the respondents were met by her parents. Thereafter, it is alleged that difference of opinion was developed between them due to the attitude of the respondent and his parents. It is further alleged that on 03.08.2014 the respondent is alleged to have demanded more dowry from the petitioner and efforts to reunite them went in vain. Added further, the respondent herein filed H.M.O.P.No.3075 of 2016 before the II Additional Family Court, Chennai, for dissolution of the marriage between them on the ground of cruelty and desertion. Hence, this petition has been filed praying for the relief stated supra.
3. Since it is a matrimonial dispute and the petitioner expressed her willingness to unite with her husband, the matter was mediated by me in the Chamber and the petitioner and the respondent along with their respective counsels were present. However, the mediation done in the Chamber could not succeed, as they have more allegations with each other.
4. At this juncture, learned counsel for the petitioner that since she being unemployed and depending on her parents, it would be difficult for the petitioner to go all the way from Madurai to Chennai to prosecute H.M.O.P.No.3075 of 2016 pending on the file of the II Additional Family Court, Chennai. Hence, he prayed for appropriate orders.
5. On notice to the respondent, the respondent would submit that he has no objection to transfer the matter from II Additional Family Court, Chennai to Sub-ordinate Court, Madurai.
6. Considering the facts and circumstances of the case and considering the fact that the respondent has no objection to transfer the matter from II Additional Family Court, Chennai to Sub-ordinate Court at Madurai, II Additional Family Court, Chennai, this petition is allowed on the following terms:-
(i) The learned Judge, II Additional Family Court, Chennai is directed to transfer all the papers relating to H.M.O.P.No.3075 of 2016 to Sub- ordinate Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order.
(ii) On receipt of the same, the learned Subordinate Judge, Madurai, is directed to dispose of the case in H.M.O.P.No.3075 of 2016 as expeditiously as possible, preferably within a period of six months, thereafter. No costs. Consequently, connected miscellaneous petition is closed.
To,
(i)II Additional Family Court, Chennai
(ii)The Sub-ordinate Court, Madurai.
.