Saranya v. Santhosh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Tr.C.M.P.No.78 of 2022 and C.M.P.No.1598 of 2022 Saranya ... Petitioner Vs.

Santhosh Kumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.316 of 2021 pending before the Principal Sub-Judge, Mayiladuthurai, Nagapattinam and transfer the same to the Family Court, Tiruchirappalli filed by the petitioner for divorce. For Petitioner : Mr.P.Chandrasekar For Respondent : Served - No Appearance

O R D E R

The respondent/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw H.M.O.P.No.316 of 2021 filed by her husband seeking divorce pending before the learned Principal Sub-Judge, Mayiladuthurai and to transfer the same to the file of the Family Court, Tiruchirappalli filed by the petitioner for divorce.

2. The reasons that have been given in the affidavit filed in support of the petition is that the petitioner/wife has a son who is suffering from bone problem, as a result of which, there is an irregular bone development in his legs. Therefore, she has to take care of her son's everyday needs. She would also submit that if she is attending to the case at Mayiladuthurai, she would have to travel a great distance and not only that she would have to leave her son under the care and custody of a 3rd person. That apart, since under Section 19(iii) of the Hindu Marriage Act, concession is given to the petitioner/wife to have the matrimonial proceedings filed before the Court having jurisdiction at the place where she is living. The https://hcservices.ecourts.gov.in/hcservices/

petitioner/wife is now living at Tiruchirappalli, therefore, she would seek to have the matter to Tiruchirappalli.

3. The respondent though served has not entered appearance.

4. Considering the fact that compelling reasons has been given by the petitioner/wife, the proceedings in H.M.O.P.No.316 of 2021 now pending on the file of the learned Principal SubJudge, Mayiladuthurai is withdrawn and transferred to the file of the Family Court, Tiruchirappalli.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar ssn To

1. The Principal Sub-Judge, Mayiladuthurai, Nagapattinam.

2. The Family Court, Tiruchirappalli.

+1cc to Mr.P.Chandrasekar, Advocate, S.R.No.16548 Tr.C.M.P.No.78 of 2022 and C.M.P.No.1598 of 2022 GMR[co] NSK 24/03/2022 https://hcservices.ecourts.gov.in/hcservices/