Divya v. Jaiganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.2800 of 2025 Divya

...Petitioner

Vs Jaiganesh

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the case in H.M.O.P. No.112 of 2020 pending before the Principal Subordinate Court, Mayiladuthurai and transfer the same to the Sub Court, Tiruvottiyur. For Petitioner : M/s.A.M.Amutha Ganesh

ORDER

Seeking to transfer H.M.O.P.No.112 of 2020 now pending on the file of the Principal Subordinate Court, Mayiladuthurai, to the Sub Court, Tiruvottiyur, the petitioner wife has preferred the above Transfer Civil 1/5

Miscellaneous Petition.

2.The private notice sent to the sole respondent has been served on him. However, he has not entered appearance either in person or through counsel.

3.The reasons for seeking the transfer are as follows:- a)The petitioner is a resident of Ernavoor which falls within the jurisdiction of the Sub Court, Tiruvottriyur and if she has to travel to attend the hearing in H.M.O.P.No.112 of 2020, she would have to undertake a overnight travel for every hearing. b)The petitioner has filed M.C.No.12 of 2021 on the file of the Sub Court, Tiruvottiyur which clearly indicates that the husband has not been maintaining the wife.

3.Heard the learned counsel for the petitioner and perused the records.

4.Considering the above reasons which are justifiable, the request of the petitioner can be granted. Therefore, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.112 of 2020 is 2/5

withdrawn from the file of the Principal Subordinate Court, Mayiladuthurai, and transferred to the file of the Sub Court, Tiruvottiyur. 5.The Transfer Civil Miscellaneous Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

20.03.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Principal Subordinate Court, Mayiladuthurai 2.The Sub Court, Tiruvottiyur.

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P.T.ASHA , J, ep C.M.P.No.2800 of 2025 4/5

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