Sangeetha v. Jaganath Krishnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and CMP.No.628 of 2025 Sangeetha ... Petitioner Vs.

Jaganath Ramamoorthy ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the HMOP No.126 of 2024 on the file of Sub-Court, Uthangarai and transfer the same to the file of Sub-Court, Neyveli and may be tried along with HMOP No.141 of 2024, on the file of Sub-Court, Neyveli and thus render justice.

For Petitioner : M/s.V.Rajesh Babu For Respondent : No Appearance - Served 1/4

O R D E R

The above Petition is filed to withdraw and transfer HMOP No.126 of 2024 pending on the file of the Sub-Court, Uthangarai to the Sub-Court, Neyveli, to be tried along with HMOP.No.141/2024.

2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife has filed HMOP No.141 of 2024 on the file of the Sub Court, Neyveli, seeking restitution of conjugal rights. (ii) The petitioner is totally depending upon her parents for her day to day needs as the respondent/husband has failed to maintain her. (iii) The distance between the present residence of the petitioner/wife to the Sub Court, Uthangarai is more than 190 kms.

3. The respondent though served has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner.

2/4

4. Considering the fact that the sufficient reasons for seeking the transfer have been stated in the affidavit filed in support of the transfer petition and also taking into account the fact that no prejudice would be caused to the respondent/husband since the matter is only before the Sub-Court where the presence of party for every hearing is not mandatory, the Transfer Civil Miscellaneous Petition is allowed and HMOP No.126 of 2024, pending on the file of the Sub Court, Uthangarai is withdrawn and transferred to the file of the Sub Court, Neyveli, to be tried along with HMOP No.141 of 2024. No costs. Consequently, the connected Miscellaneous Petition is closed. 06.03.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Sub-Court, Uthangarai 2.The Sub-Court, Neyveli 3/4

P.T. ASHA . J., (shr) and CMP.No.628 of 2025 06.03.2025 4/4