Saranyadevi v. Nirmalraj

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.145 of 2025 and C.M.P.No.2847 of 2025 Saranya Devi .... Petitioner vs Nirmalraj ... Respondent Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw HMOP No.35 of 2024 pending on the file of Sub Court, Salem and transfer the same to the file of Sub Court, Bhavani. For Petitioner : Ms.S.Gayathri For Mr.B.Mohan For Respondent : Mr.T.Ganesan

ORDER

The petitioner/wife, who is arrayed as respondent in HMOP No.35 of 2024 has filed the present petition seeking transfer of HMOP No.35 of 2024 from the file of Sub Court Salem to Sub Court, Bhavani. The petitioner, citing inconvenience and necessity to attend her aged parents, has sought for transfer.

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2. However, learned counsel for the respondent/husband states that on earlier occasion, the petitioner's father has assaulted the respondent and the petitioner's father is very influential person in the locality and therefore, seeks transfer of HMOP No.35 of 2024 to a Court in between Salem and Bhavani.

3. Taking into consideration the averments set out in the affidavit filed in support of the petition, HMOP No.35 of 2024 pending on the file of Sub Court, Salem is withdrawn and transferred to Sub Court, Sangagiri which would be convenient to both the parties to attend the hearings and both the parties are entitled to engage counsel to represent them before Sub Court, Sangagiri.

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

5. Accordingly, the Tr. C.M.P. No.145 of 2025 is partly allowed. 2/4

6. The Sub Court, Salem is directed to send the entire records relating to HMOP No.35 of 2024 to Sub Court, Sangagiri forthwith.

7. The Sub Court, Sangagiri is directed to take up HMOP No.35 of 2024 and dispose of the same on or before 31.03.2026. No costs. Consequently, connected miscellaneous petition is closed. 18.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. The Sub Court, Salem.

2. The Sub Court, Sangagiri 3/4

P.B.BALAJI.,J.

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