D.Nithya v. E.Devan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.3249 of 2024 D.Nithya ... Petitioner Vs.

E.Devan ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the HMOP.No.80/2023 on the file of the Sub Court, Ranipet and transfer the same to the file of the Sub Court at Ambattur. For Petitioner : M/s.A.M.Venkata Krishnan For Respondent : M/s.S.Sairaman

O R D E R

The respondent/wife in a petition pending on the file of the Sub Court Ranipet in HMOP.No.80 of 2023 is the petitioner before this Court seeking to transfer the HMOP.No.80 of 2023 pending on the file of the Sub Court, Ranipet to the file of the Sub Court at Ambattur. 1/4

2. Reasons for seeking transfer :- (i) A petition for restitution of conjugal rights filed by the petitioner is pending before the Sub Court, Ambattur. (ii) The respondent/husband is not maintaining the petitioner/wife.

(iii) The mother of the petitioner is bed ridden. (iv) The petitioner finds it very difficult to travel the distance of more than 120 kms every time to attend the hearing on account of the fact that she has a school-going daughter.

3. Heard the learned counsels on either side.

4. In the given circumstances it would be prejudicial to make the petitioner travel all the way from Mogappair to Ranipet to attend the proceedings in HMOP.No.80 of 2022 more particularly when the respondent/husband has not deemed it fit to maintain the petitioner and her child. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.80 of 2022 pending on the file of the Sub 2/4

Court Ranipet is withdrawn and transferred to the file of the Sub Court, Ambattur.

No costs. Consequently, the connected Miscellaneous Petition is closed.

28.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Sub Court, Ranipet

2. The Sub Court at Ambattur.

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P.T. ASHA . J., (shr) and C.M.P.No.3249 of 2024 28.02.2025 4/4