Madras High CourtTR CMP/6/2023disposed of

C.Sumathi v. R.Elavarasan

2023-03-30Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.6 of 2023 & CMP No. 274 of 2023 C.Sumathi ....

Petitioner -VsR.Elavarasan ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the H.M.O.P No. 23 of 2022 on the file of the Hon'ble Principal Sub Court, Virthachalam and to transfer the same to the file of the Hon'ble Sub Court, Poonamalle.

For Petitioner : Ms.U.Anunitha For Respondent : Mr.A.T.Anbu Kumar

O R D E R

This petition has been filed to withdraw the case in H.M.O.P No. 23 of 2022 before Principal Sub Court, Virthachalam and transfer the same to Sub Court, Poonamalle.

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

3. It is seen from the records that the respondent filed H.M.O.P No. 23 of 2022, on the file of the Principal Sub Court, Virthachalam for divorce. Now, the petitioner living with her aged parents without any source of income and the distance between Chennai and Viruthacahalam is nearly about 250 kilometers.

4. Considering the distance between the petitioner's house and the Court, and also the fact that the petitioner is living with her aged parents. Hence, this Court is inclined to transfer the H.M.O.P No. 23 of 2022 pending on the file of the Principal Sub Court, Virthachalam to Sub Court, Poonamalle.

5. Accordingly, the present Tr.C.M.P. is disposed of and the H.M.O.P No. 23 of 2022 pending on the file of the Principal Sub Court, Virthachalam, is withdrawn and transferred to the file of the Sub Court, Poonamalle. Further, the Principal Sub Court, Virthachalam, is directed to transfer the records in connection with H.M.O.P No. 23 of 2022, to the Sub Court, Poonamalle, within a 2/4

period of two weeks from the date of receipt of a copy of this order. Further both parties directed to appear before the Sub Court, Poonamalle, for mediation not less than three sittings. No costs. Consequently connected miscellaneous petition is closed.

30.03.2023 Index : Yes/No Internet : Yes/No mtl To 1.The Principal Sub Court, Virthachalam.

2.The Sub Court, Poonamalle.

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T.V.THAMILSELVI, J.

mtl TR.CMP No.6 of 2023 & CMP No. 274 of 2023 30.03.2023 4/4