Madras High CourtTR CMP/143/2022allowed

Sushmitha v. Vigneshkumar

2022-04-20Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.143 of 2022 & C.M.P.No.2841 of 2022 Sushmitha ... Petitioner Vs Vigneshkumar ... Respondent Prayer: The petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.92 of 2021 on the file of the Sub Court, Thiruchirappalli and transfer the same to the file of the Sub Court, Dharapuram, Thiruppur. For Petitioner : M/s.T.K.S.Bharathy Anandraj For Respondent : Mr.R.Govindaraj

ORDER

The petition is filed by the wife seeking transfer of H.M.O.P.No.92 of 2021, filed by the husband for divorce on the file of the Sub Court, Tiruchirappalli to the file of the Sub Court, Dharapuram, Thiruppur.

2.The petitioner wife would submit that she is residing with her parents at Thirrupur. The petitioner would state that she has to take care of her child and she cannot travel to Tiruchirappalli to attend every hearing, which is around 174 Kms away from her place. The petitioner would further state that she has no independent source of income and she is totally dependent on her parents for the day to day expenses for herself as well as her child. Therefore, the petitioner has come forward with the above petition.

3. Heard the learned counsel and perused the records.

4. Admittedly, the petitioner is residing at Dharapuram which falls within the Jurisdiction of the Sub Court, Dharapuram, Thiruppur. Further, the petitioner has to take care of her child and it is not advisable for her to travel with the https://hcservices.ecourts.gov.in/hcservices/

child to attend the hearing.

5. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.92 of 2021 pending on the file of the Sub Court, Thiruchirappalli is withdrawn and transferred to the file of the Sub Court, Thiruppur. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar kan To 1.The Sub Court, Tiruchirappalli.

2.The Sub Court, Dharapuram Thiruppur.

+1cc to Mr.R.Govindarajan, Advocate SR.No.27501 +1cc to Mr.T.K.S.Bharathy Shri, Advocate SR.No.26815 Tr.C.M.P.No.143 of 2022 & C.M.P.No.2841 of 2022 VSN II(CO) GMY(05/05/2022) https://hcservices.ecourts.gov.in/hcservices/