B. Surya v. M. Saravanamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA TR.CMP. NO.109 OF 2022 AND C.M.P.NO.1962 OF 2022 B. Surya ... Petitioner/Respondent.

Vs M. Saravanamoorthy ... Respondent/Petitioner.

PRAYER:

Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the cases bearing HMOP No.106/2021 on the file of Sub Judge at Gudiyattam and transfer the same to the file of the Sub Court at Kancheepuram.

For Petitioner : M/s K.Balu For Respondent : Mr.M.R.Thangavel

ORDER

The above application for transfer is filed by the wife seeking to transfer HMOP No.106 of 2021 filed by the respondent husband on the file of the Sub Court, Gudiyattam for divorce to the file of the Sub Court Kancheepuram.

2. The wife has sought the transfer on the ground that she is living with her parents and they are taking care of her day to day expenses since the respondent/ husband has not deemed it fit to pay her any maintenance. That apart, she would submit that since the respondent/ husband is threatening her, it would not be safe for her to travel to Gudiyattam to attend the case. Further she is now living at Kancheepuram within the jurisdiction of the Sub Court at Kancheepuram and therefore, the petition filed by the husband may be transferred to the file of https://hcservices.ecourts.gov.in/hcservices/

the Sub Court at Kancheepuram.

3. The respondent has entered appearance through counsel. However there is no serious objections put forth by the counsel except for stating that since the matter is pending before the Sub Court there is no necessity for the wife to travel for every hearing.

4. Heard the learned counsels.

5. The respondent admittedly has not provided any maintenance for the wife and she is living at the mercy of her parents along with them. In these circumstances, it would not be correct on the part of the husband to insist on her coming over to Gudiyattam to attend the proceedings. Therefore this Court allows the Transfer Civil Miscellaneous Petition and HMOP No.106 of 2021, pending on the file of the Sub Court, Gudiyattam is withdrawn and transferred to the file of the Sub Court, Kancheepuram. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar shr To

1. The Subordinate Judge, Gudiyattam.

2. The Subordinate Judge, Kancheepuram.

+1cc to M/s K.Balu, Advocate, S.R.No.20737 +1cc to Mr.C.Anbu, Advocate, S.R.No.20678 Tr.CMP. No.109 of 2022 and C.M.P.No.1962 of 2022 KK(CO) PM/27/04/2022 https://hcservices.ecourts.gov.in/hcservices/