S.Kalaiyarasi vs J.John Francis Xavier on 24 November, 2016

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Madras High Court

S.Kalaiyarasi vs J.John Francis Xavier on 24 November, 2016

Bench: K.K.Sasidharan

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:   24.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
Tr.C.M.P.No.562 of 2016

S.Kalaiyarasi				: Petitioner
	versus
J.John Francis Xavier			: Respondent

	Transfer Petition filed to withdraw and transfer IDOP No.121 of 2014 on the file of District Court, Tiruvallur to the Family Court, Chengalpat

		For Petitioner  	: Ms.N.Alamelu Mangai

		For Respondent 	: Ms.I.Navaneetha Rani
O R D E R

The respondent initiated proceedings in IDOP No.121 of 2014 before the District Court Tiruvallur, praying for a decree of divorce. The petitioner who was arrayed as respondent in the original petition is before this Court with a request to transfer the proceedings.

2. The respondent filed a counter affidavit wherein it was indicated that the matter is now ripe for trial and as such, there is no need for transfer.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

4. The petitioner is a resident of Metukuppam, Thuraipakam, Chennai. The respondent is a resident of Avadi. The proceedings in IDOP is pending K.K.SASIDHARAN, J.

(tar) before the District Court, Tiruvallur. According to the petitioner, it would not be possible for her to travel all along from Thuraipakkam to Tiruvallur for defending the proceedings in IDOP No.121 of 2014.

5. The respondent is employed in a BPO at Chennai. In fact, he is also a resident of Avadi. There would not be any difficulty to the parties in case the matter is transferred from Tiruvallur to a Court at Chennai. I am therefore of the view that the transfer petition deserves to be allowed.

6. The proceedings in IDOP No.121 of 2014 is withdrawn from the file of District Court, Tiruvallur and is transferred to the file of I Additional Judge, Family Court, Chennai, for disposal on merits. The learned Trial Judge is directed to dispose of the proceedings as expeditiously as possible.

7. The transfer petition is disposed of with the above direction. No costs. Consequently, C.M.P.No.15264 of 2016 is closed.

24.11.2016 tar To

1.The District Judge, Tiruvallur

2.The I Additional Family Judge, Chennai Tr.C.M.P.No.562 of 2016 http://www.judis.nic.in

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