K.Jamuna vs. R.Vinothkannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2017 CORAM : THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P. No.318 of 2017 and C.M.P.No.5991 of 2017

K.Jamuna ... Petitioner

Vs.

R.Vinoth Kannan ... Respondent

Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.1284 of 2016 from the file of the Family Court, Coimbatore and transfer to the file of the Family Court, Salem.

For Petitioner : M/S.Karan and Uday For Respondent : Mr.N.Chandra Raj O R D E R

This petition is filed to withdraw to withdraw H.M.O.P.No.1284 of 2016 from the file of the Family Court, Coimbatore and transfer to the file of the Family Court, Salem.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 21.08.2015 as per Hindu rites and customs. Due to difference of opinion, both the petitioner and respondent are living separately. The respondent filed H.M.O.P.No.1284 of 2016 for divorce, before the file of the Family Court, Coimbatore.

3. According to the petitioner, she is residing at Salem with her parents. The distance between Coimbatore and Salem is more than 100 kilometres and hence, it is very difficult for her to travel from Salem to Coimbatore to attend the hearing before Family Court, Coimbatore. Further, the petitioner has no independent income and is depending on her parents for her dayto-day expenses including travelling expenses. Therefore, she prays for transfer of H.M.O.P.No.1284 of 2016 from the file of the Family Court, Coimbatore to the file of the Family Court, Salem.

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

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5. 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.

6. 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for the respondent, without deciding the issue on merits, the petition in H.M.O.P.No. 1284 of 2016 is ordered to be withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Family Court, Salem. The Presiding Officer, Family Court, Coimbatore, is directed to transmit all the records pertaining to H.M.O.P.No. 1284 of 2016 to the file of the Family Court, Salem, within a period of two weeks from the date of receipt of a copy of this order. The Presiding Officer, Family Court, Salem, is directed to dispose of H.M.O.P.No. 1284 of 2016 as expeditiously as possible, in any event, not later than, six months from the date of receipt of a copy of this order.

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