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Madras High CourtTR CMP/198/2024allowed

Indhumathi v. Suresh

2024-07-29Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Tr.C.M.P.No.198 of 2024 and C.M.P.No.3857 of 2024 Indhumathi ... Petitioner Vs.

Suresh ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the HMOP No.106/2023 on the file of Sub Court, Ambasamudram to the file of the Sub Court, Poonamalle.

For Petitioner :

Mr.K.J.Sivakumar For Respondent :

Ms.D.Sagunthala

ORDER

The petitioner filed this transfer petition seeking transfer of HMOP.No.106 of 2023 (renumbered as H.M.O.P.No.80 of 2024) filed by Page No.1 of 4

her estranged husband/respondent from the file of the Sub Court, Ambasamudram to the file of the Sub Court, Poonamalle. 2.The learned counsel for the petitioner submitted that marriage between petitioner and respondent solemnized on 17.02.2019 at Shri Sivasailanathar Temple, Sivasailam, Tenkasi District. After six months of marriage, the respondent/husband started to ill-treat and abuse the petitioner and the respondent was not a dutiful husband and not even fulfill basic needs of the petitioner. Finally, the petitioner was chased out from the matrimonial home. Now the petitioner is surviving on the support of her parents. He further submitted that the petitioner is residing in Chennai and it is very difficult for her to travel from Chennai to Ambasamudram. Hence, prays for transfer.

3.Considering the submissions and on perusal of the materials, it is seen that the petitioner is facing difficulty to travel from Chennai to Ambasamudram. Being a single woman, she is depending her parents for every financial needs.

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4.In view of the above, this Court withdraws HMOP.No.106 of 2023 (renumbered as H.M.O.P.No.80 of 2024) from the file of the Sub Court, Ambasamudram and transfers the same to the file of the Subordinate Court at Alandur. Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs. 29.07.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No Jer To 1.The Sub Judge Sub Court, Ambasamudram.

2.The Sub Judge Sub Court, Alandur.

M.NIRMAL KUMAR, J.

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Jer Tr.C.M.P.No.198 of 2024 and C.M.P.No.3857 of 2024 29.07.2024 Page No.4 of 4