Madras High CourtTR CMP/122/2023allowed

M.Mahalakshmi v. N.Thirumalai

2023-06-13Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.No.2536 of 2023 M.Mahalakshmi ... Petitioner Vs.

N.Thirumalai ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw and transfer the divorce petition in H.M.O.P.No.109 of 2022 pending on the file of Sub Judge at Polur, Thiruvannamalai District to be heard and tried at IV Additional Family Court, Chennai District along with M.C.No.38/2023.

For Petitioner : Mr.N.Easwaran For Respondent : Mr.T.Praveen

O R D E R

Heard Mr.N.Easwaran, learned counsel for the petitioner and perused the records.

2. This petition is filed seeking to withdraw and transfer the Page No.1/4

Divorce Petition in H.M.O.P.NO.109 of 2022 pending on the file of the Sub Judge at Polur, Thiruvannamalai to the file of the IV Additional Family Court, Chennai.

3. Learned counsel for the petitioner submitted that the respondent being the husband of the petitioner has filed a divorce petition in H.M.O.P.No.109 of 2022 before the Sub Judge, Polur, Tiruvannamalai. The petitioner was residing at Chennai along with her parents and there is no male support and her father alone was the breadwinner of the family and he is doing the masonary work. He further submits that due to the marriage life, the petitioner has 6 years old son, therefore, the petitioner has to travel for 400 kilo meters with her 6 years old son for every hearing. Hence, the petitioner has filed this petition

4. Mr.T.Praveen, learned counsel for respondent submits that he has no objection for transfer the H.M.O.P.No.109 of 2022 on the file of Sub Judge, Polur, Thiruvannamalai District to IV Additional Family Court, Chennai along with M.C.No.38 of 2023.

5. Considering the submissions made by both sides, the divorce Page No.2/4

petition filed by the respondent in H.M.O.P.No.109 of 2022 before the Sub Judge at Polur, Thiruvannamalai is transferred to IV Additional Family Court, Chennai along with M.C.No.38 of 2023. Accordingly, this transfer civil miscellaneous petition is allowed. No Costs. Connected miscellaneous petition is closed. 13.06.2023 Index: Yes/No Speaking Order/Non-Speaking Order mp To

1. The Sub Judge, Polur, Thiruvannamalai.

2. The IV Additional Family Court, Chennai.

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DR.D.NAGARJUN , J., mp and C.M.P.No.2536 of 2023 13.06.2023 Page No.4/4