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Madras High CourtTR CMP/136/2025allowed

Pavithra v. A.Yuvaraj

2025-03-19Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.2771 of 2025 Pavithra ... Petitioner Vs.

A.Yuvaraj ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw HMOP No.170 of 2024 from the file of Hon'ble Additional Subordinate Court, Kallakurichi and transfer the same to Hon'ble Subordinate Court, Tiruchengode and thus, render justice. For Petitioner : M/s.L.Mouli For Respondent : Private notice served - No appearance 1/4

O R D E R

The above Petition is filed to withdraw and transfer HMOP No.170 of 2024, pending on the file of the Additional Subordinate Court, Kallakurichi to the Subordinate Court, Tiruchengode.

2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife is living with her elderly parents at Tiruchengode, Namakkal.

(ii) The distance between the present residence of the petitioner/wife and the Additional Sub Court, Kallakurichi is nearly 155 kilometres.

(iii) Since both parties had last resided together at Bangalore, the Additional Subordinate Court in Kallakurichi has no territorial jurisdiction to decide the divorce petition.

3. The respondent though served has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner and perused the records.

4. In the above circumstances the request for transfer appears 2/4

reasonable and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP No.170 of 2024, pending on the file of the Additional Subordinate Court, Kallakurichi, is withdrawn and transferred to the file of the Subordinate Court, Tiruchengode. No costs. Consequently, the connected Miscellaneous Petition is closed. 19.03.2025 (shr) Index : Yes/No Speaking Order: Yes/No To

1. The Additional Subordinate Court, Kallakurichi. 2.The Subordinate Court, Tiruchengode.

P.T. ASHA . J., 3/4

(shr) and C.M.P.No.2771 of 2025 19.03.2025 4/4