N. Puvizhi v. P. Lokesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Transfer Civil Miscellaneous Petition No.100 of 2024 and C.M.P.No.2287 of 2024 N.Puvizhi ..... Petitioner -VersusP.Lokesh ..... Respondent Petition filed under Section 24 of the Code of Civil Procedure,1908, to withdraw and transfer H.M.O.P. No.150 of 2023 pending on the file of the Sub Court, Ranipet to the file of the Family Court, Chennai. For Petitioner : Mr.R.Chandra Sundar For Respondent : Mr.D.Thirumoorthy

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the proceedings in H.M.O.P. No.150 of 2023 pending on the file of the Sub

Court, Ranipet and transfer the same to the file of the Family Court, Chennai.

2. The petitioner is the wife and the respondent is the husband. The petitioner married the respondent on 15.02.2021 at Thirumala Thirupathi as per the Hindu rites and customs. The petitioner is working in Chennai as an Architect with M/s. Haworth Inc. The respondent is an Aeronautical Engineer working in Bangalore. The respondent/husband has initiated a proceeding for divorce in H.M.O.P.No.150 of 2023 on the file of the learned Subordinate Judge, Ranipet.

3. Pleading that she is unable to travel from Virugambakkam to Ranipet, the petitioner/wife has moved this transfer petition. In addition, she pleads that she has to take leave of absence from her company which is put her into difficulties.

4. Notice was ordered on 15.02.2024 and Mr.D.Thirumoorthy entered appearance for the respondent/husband.

5. Heard Mr.R.Chandra Sudan on behalf of Mr.S.Umapathy for the civil revision petitioner and Mr.D.Thirumoorthy for the respondent.

6. Mr.D.Thirumoorthy would on instructions submit that the respondent/husband has no objection for the proceedings to be transferred, but would point out that as the wife is residing in Virugambakkam; Sub Court at

Poonamallee would be more convenient for her than the Family Court at Chennai. In addition, he states that the respondent/husband would find it difficult to travel from Bangalore to Ranipet and thereafter to Chennai to attend every hearing.

7. Taking into consideration the submissions made on either side, the proceedings in H.M.O.P.No.150 of 2023 is withdrawn from the file of the learned Subordinate Judge, Ranipet and transferred to the file of the learned Subordinate Judge, Poonamallee. If the case is transferred to the file of the Subordinate Judge at Poonamallee, the necessity of the parties to appear for every hearing would not arise. The parties can always contest the litigation availing the services of an Advocate of their choice. This Transfer Miscellaneous Petition is allowed accordingly. No costs. Consequently, connected CMP is closed.

Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Subordinate Judge, Ranipet, Ranipet District. 2.The Subordinate Judge, Poonamallee, Tiruvallur District.

V.LAKSHMINARAYANAN.J., kmk