Ponniyammal v. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.2092 of 2023 Ponniyammal ... Petitioner Vs.

Manikandan ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the HMOP.NO.1961 of 2021 pending on the file of the Learned Sub Court, at Alandur and transfer the same to the file of the Learned Principal Sub-Court, Chengalpattu along with the HMOP.NO.14 of 2022 filed by the Petitioner and pass such other order or orders as this Honble Court.

For Petitioner : M/s.A.Venkatesan For Respondent : No ready in notice 1/4

O R D E R

The above Transfer Civil Miscellaneous Petition is filed to withdraw and transfer HMOP.No.1961 of 2021 on the file of the subordinate Court, Alandur to the Principal Sub Court, Chengalpattu, to be tried along with HMOP.No.14 of 2022 filed by the petitioner.

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

3. Reasons for seeking transfer are as follows:- (i) The petitioner wife has filed HMOP No.14 of 2022 on the file of the Principal Subordinate Court, Chengalpattu, seeking restitution of conjugal rights and the respondent husband has also entered appearance in the same.

(ii) The petitioner is totally depending upon her parents for her day to day needs as the respondent husband has failed to maintain her. 2/4

4. Considering the fact that the sufficient reasons for seeking the transfer have been stated in the affidavit filed in support of her 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Civil Miscellaneous Petition is allowed and HMOP No. 1961 of 2021, pending on the file of the Sub Court, Alandur is withdrawn and transferred to the file of the Principal Sub Court, Chengalpattu to be tried along with HMOP No.14 of 2022. No costs. Consequently, the connected Miscellaneous Petition is closed.

10.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Sub Court, at Alandur 2.The Principal Sub-Court, Chengalpattu 3/4

P.T. ASHA . J., (shr) and C.M.P.No.2092 of 2023 10.02.2025 4/4