G. Rani v. R.Narasimman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.92 of 2022 and C.M.P.No.1738 of 2022 G.Rani ... Petitioner Vs R.Narasimman ... Respondent PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H.M.O.P.No.147 of 2021 pending on the file of the Subordinate Court, Dharmapuri and transfer the same to the Family Court, Tiruvannamalai.

For Petitioner : Mr.S.Ambigapathi For Respondent : Served-No Appearance

O R D E R

The petitioner/wife has filed the above Transfer Civil Miscellaneous Petition seeking to withdraw H.M.O.P.No.147 of 2021 filed by the husband pending on the file of the Sub Court, Dharmapuri and transfer the same to the file of the Family Court, Tiruvannamalai.

2.

The respondent-husband has filed the above H.M.O.P.No.147 of 2021 under Section 13(1) (i-a) of the Hindu Marriage Act on the file of the Sub Court, Dharmapuri, for dissolution of marriage held between the petitioner and the respondent on 25.10.2009.

3.

In the affidavit filed in support of the petition, the petitioner-wife has stated that she is living in Tiruvannamalai District along with her two school going children. She feels it very difficult to attend each and every hearing of the case at Dharmapuri and she being a woman, cannot travel alone to https://hcservices.ecourts.gov.in/hcservices/

Dharmapuri and needs a person to accompany her. Since she is working at Tiruvannamalai District, it would be convenient for her to attend the case at Tiruvannamalai, if the said H.M.O.P is transferred to the said place. Hence, she sought for transfer. 4.

Heard the learned counsel for the petitioner and perused the materials available on record. The respondent has not appeared in person either through counsel or in person despite service of notice.

5.Taking into consideration the facts and circumstances of the case and looking into the grievance expressed by the petitioner-wife, this Tr.C.M.P is allowed and H.M.O.P.No.147 of 2021 pending on the file of the Sub Court, Dharmapuri is withdrawn and transferred to the file of Family Court, Tiruvannamalai. No costs. Consequently, connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR srn To

1. The Subordinate Judge, Dharmapuri.

2. The Judge, Family Court, Tiruvannamalai.

3. The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr.S.Ambigapathi, Advocate Sr.21664 Tr.C.M.P.No.92 of 2022 and C.M.P.No.1738 of 2022 mt[co] srg 19/04/2022 https://hcservices.ecourts.gov.in/hcservices/