Madras High CourtTR CMP/168/2022allowed

Geetha v. Prakash

2022-04-12Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.168 of 2022 and C.M.P.No.3290 of 2022 Mrs.Geetha ... Petitioner Vs Prakash ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.55 of 2021 from the file of the learned Sub-Court, Cheyyar and transfer the same to Sub-Court, Ambathur, Chenni. For Petitioner : Mr.L.N.Pragasam For Respondent : Served - No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the H.M.O.P.No.55 of 2021 from the file of the learned Sub-Court, Cheyyar and transfer the same to Sub-Court, Ambathur, Chenni.

2. The Transfer is sought for by the petitioner/wife on the ground that she is residing in her parents house in Chennai along with her two minor children. It is her grievance that she finds it very difficult to travel alone from Chennai to Cheyyar. Further, the petitioner/wife is completely dependent on her parents for survival. She has no financial resources to travel from Chennai to Cheyyar for each appearance and it will result in great hardship.

3. Heard the learned counsel for the petitioner and perused the materials available on record. The respondent, though served, has not entered appearance.

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4. Considering the reasons given and the fact that the petitioner/wife is residing within the Jurisdiction of the Subordinate Court, Ambathur, Chennai, this Court is of the considered view that the request for transfer should be allowed. 5.Accordingly, the transfer Civil Miscellaneous Petition is allowed and the Divorce Petition in H.M.O.P.No.55 of 2021 pending on the file of the Subordinate Court, Cheyyar, is withdrawn and transferred to the file of the Subordinate Court, Ambathur, Chennai.

No costs. Consequently, connected miscellaneous petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR ssn To

1. The Subordinate Judge, Cheyyar.

2. The Subordinate Juge, Ambathur, Chennai.

3. The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.N.Pragasam, Advocate Sr.26062 Tr.C.M.P.No.168 of 2022 and C.M.P.No.3290 of 2022 skm[co] srg 04/05/2022 https://hcservices.ecourts.gov.in/hcservices/