Madras High Court
Padmapriya Balasubramanian vs P.M.Sriram on 9 July, 2019
Author: T.Raja
Bench: T.Raja
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2019
CORAM :
THE HONOURABLE MR. JUSTICE T.RAJA
Tr.C.M.P.No.334 of 2019
and
C.M.P.No.9561 of 2019
Padmapriya Balasubramanian ... Petitioner
Vs.
P.M.Sriram ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., praying to withdraw
H.M.O.P.No.12 of 2019, pending on the file of the Sub-Court, Pollachi, and
transfer the same to the file of the Family Court, Chennai.
For Petitioner : Mr.K.M.Nalini Shree
For Respondent : Mr.Haja Nazinudeen, SC
for Mr.P.Haribabu
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.12 of 2019 on the file of the learned Sub-Court, Pollachi, and to transfer the same to the file of the learned Family Court, Chennai. http://www.judis.nic.in 2
2. When the matter was taken up on 27.06.2019, this Court, by taking note of the facts and circumstances of the case, directed the parties to appear before me in the Chamber on 09.07.2019 at 2.15 p.m. Accordingly, they have appeared before me in the presence of Ms.K.M.Nalini Shree, learned counsel for the wife and Mr.Haja Nazinudeen, learned Senior counsel for the husband. The petitioner/wife has stated that she is ready for reunion, but, on the other hand, the respondent/husband has stated that he is not ready for reunion as he has faced lot of tortures from his wife.
3. In view of the above, this Court, finding that no amicable solution has been arrived at between the parties and also considering the fact that petitioner/wife is living in Chennai along with her parents and therefore, it is not possible for her to undertake such a long journey from Chennai to Pollachi to attend each and every hearing, is inclined to allow the prayer of the petitioner. Accordingly, H.M.O.P.No.12 of 2019 filed by the husband is withdrawn from the file of the learned Sub-Court, Pollachi, and consequently, transferred to the file of the learned Family Court, Chennai. On such transfer, the learned Family Court, Chennai, shall dispose of the same in the manner known to law as expeditiously as possible. With this direction, the present Transfer Civil Miscellaneous Petition http://www.judis.nic.in 3 is allowed. Consequently, connected C.M.P.No.9561 of 2019 is closed.
4. At this juncture, learned Senior counsel for the husband submitted that the learned trial Court may be directed to dispense with the appearance of the husband wherever it is unwarranted as he is working in Google, Singapore. If any such request is made, the learned Family Court, Chennai, shall consider the same on merits.
5. Learned counsel for the wife sought for a direction to the husband to return the belongings of the wife viz. her original educational certificates, past experience certificates given by her previous employer and one HP laptop. Learned Senior counsel for the husband has also agreed to return the same within a period of one week.
Post on 19.07.2019 for reporting compliance.
09.07.2019 rkm http://www.judis.nic.in 4 T.RAJA, J.
rkm To
1.Sub-Court, Pollachi.
2.Family Court, Chennai.
Tr.C.M.P.No.334 of 2019
and C.M.P.No.9561 of 2019 09.07.2019 http://www.judis.nic.in