Keethana v. Vinoth Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :18.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.94 of 2025 and C.M.P.Nos.1900 and 1903 of 2025 1.Keerthana 2.Parthiban .... Petitioners vs Vinoth Kumar ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw HMOP No.63 of 2024 pending on the file of Principal Sub Court, Gingee and transfer the same to Sub Court, Thiruvannamalai.

For Petitioners : Mr.T.Shanmugam For Respondent : Mr.V.R.Appaswamee

ORDER

The petitioners seeks transfer of HMOP No.63 of 2024 from the file of Principal Sub Court, Gingee to Sub Court, Thiruvannamalai. 1/4

2. The petitioners are the respondents in HMOP No.63 of 2024 pending on the file of Principal Subordinate Court, Gingee. The 1st petitioner is the wife of the respondent and she is represented by her father 2nd petitioner.

3. The 1st petitioner is alleged to be not mentally stable and in HMOP No.63 of 2024, the respondent/husband has impleaded the 2nd petitioner herein/father of the 1st petitioner as guardian.

4. The case of the petitioners is that the 2nd petitioner is aged about 80 years and the 1st petitioner is alleged to be mentally ill by the respondent. However, the grievance of the petitioners is that they are unable to travel 160 kms for attending the hearings at Gingee and therefore, have come forward with transfer request.

5. The said application is resisted by the respondent/husband in the counter affidavit. The respondent/husband has stated that there is a threat to his life by the petitioners' family and he apprehends that he will be not get free and fair trial, if the petition is transferred and further states that the 2/4

transfer is only to protract the proceedings.

6. I have considered the submissions made by the learned counsel on either side.

7. Admittedly, the 1st petitioner and if necessary, the 2nd petitioner have to travel a long way to attend the hearings and from the affidavit filed in support of the transfer petition, I am satisfied that the petitioners have made out a good case for seeking transfer.

8. Accordingly, the Tr. C.M.P. No.94 of 2025 is allowed and HMOP No.63 of 2024 is withdrawn from the file of Principal Sub Court, Gingee and transferred to the same to Sub Court, Thiruvannamalai.

9. The Principal Sub Court, Gingee is directed to send the entire records relating to HMOP No.63 of 2024 to Sub Court, Thiruvannamalai forthwith.

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P.B.BALAJI.,J.

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10. The respondent/husband's physical presence shall not be insisted upon by the Sub Court, Thiruvannamalai except for the hearings that is absolutely necessary.

No costs. Consequently, connected miscellaneous petitions are closed. 18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. The Principal Sub Court, Gingee

2. The Sub Court, Thiruvannamalai 4/4