Madras High CourtTR CMP/145/2024allowed

S. Sivasakthi v. K. Sivaram

2024-08-20Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Transfer C.M.P No.145 of 2024 & C.M.P.No.3006 of 2024 S.Sivasakthi ... Petitioner -VersusK.Sivaram ... Respondent Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the Matrimonial HMOP.No.731 of 2023 on the file of the Subordinate Court, Alandur to the Subordinate Court, Chidambaram and tried along with HMOP.N.131 of 2023 on the file of the Subordinate Court, Chidambaram.

For Petitioner : Ms.Mumtaj Surya for Mr.T.Gobinath For Respondent : No appearance

ORDER

The petitioner is the wife. She married the respondent on 20.08.2021 at Chidambaram. Due to dispute and difference of opinion, they are separated.

2. The husband had filed HMOP.No.731 of 2023 on the file of the Subordinate Court, Alandur. He has invoked section 13[1] [i-a] of the Hindu Marriage Act. In the meantime, the petitioner/wife has initiated an application under section 9 of the Hindu Marriage Act before the Subordinate Court at Chidambaram. This has been numbered as HMOP.No.131 of 2023.

3. Pleading that she is unable to travel from Chidambaram to Alandur, a total distance of 420 kilometers to and fro, the petitioner/wife has filed this petition.

4. Notice was ordered in the application on 20.02.2024. The respondent has been served notice, but he has not entered appearance nor has been present before this Court to oppose this petition.

5. Taking into consideration the convenience of the wife, HMOP.731 of 2023 on the file of the Subordinate Court, Alandur is withdrawn and is transferred to the file of the Subordinate Court at Chidambaram. It shall be heard and decided along with HMOP.131 of 2023 pending on the file of that Court.

10. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

20.08.2024 vrc Index : yes / no : yes / no Speaking / Non Speaking Order To,

1. The Subordinate Court, Alandur.

2. The Subordinate Court, Chidambaram.

V.LAKSHMINARAYANAN, J.

vrc 20.08.2024