Madras High CourtTR CMP/65/2019disposed of

Arunavathi v. Kathiresan

2019-02-20Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.02.2019 THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Tr.CMP.No.65 of 2019 and C.M.P.NO.2642 OF 2019 Arunavathi ... Petitioner Vs.

Kathiresan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under section 24 of the Civil Procedure Code, praying to withdraw the H.M.O.P.No.107 of 2018 on the file of the Subordinate Judge, Tiruchendur and transfer the same to the Subordinate Court, at Tambaram.

For petitioner : Mr.R.Rajesh Vivekananthan For respondent : No Appearance

O R D E R

This petition is filed by the petitioner seeking to to withdraw H.M.O.P.No.107 of 2018 from the file of Subordinate Judge, Tiruchendur and transfer the same to the Subordinate Court, at Tambaram.

2. The petitioner is the wife. The respondent / husband filed a divorce petition in H.M.O.P.No.107 of 2018 before the Sub-Court, Tiruchendur. Admittedly, the petition for divorce filed by the husband also reveals the address of the petitioner that she is residing at Mudichur, Tambaram. Since the petitioner is residing at Chennai, she seeks to transfer the case from Sub-Court, Tiruchendur to Sub-Court, Chennai. 3.Heard the submissions made by the learned counsel for the petitioner. Despite service of notice, the respondent has not chosen to appear before this Court, either in person or through counsel.

4. Considering the convenience of petitioner / wife, this Court is inclined to transfer the petition from Sub Court Tiruchendur to Sub-Court, Tambaram. Accordingly, H.M.O.P.No.107 of 2018 pending on the file of Sub Court, Tiruchendur, is https://hcservices.ecourts.gov.in/hcservices/

withdrawn and transferred to Sub Court, Tambaram. The learned Subordinate Judge, Tambaram is directed to renumber the petition, issue notice to both the parties and dispose of the same, as expeditiously as possible.

4. The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar bkn To 1.The Subordinate Judge, Tiruchendur 2.The Subordinate Judge,, Tambaram.

+1cc to Mr. R.Rajesh Vivekananthan, Advocate, S.R.No.15830 Tr.CMP.No.65 of 2019 and C.M.P.NO.2642 OF 2019 SAI(CO) GN(03/04/2019) https://hcservices.ecourts.gov.in/hcservices/