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Madras High CourtTR CMP/156/2022allowed

Shiva Sathya @ Sathya v. Madan

2024-04-24Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.156 of 2022 & C.M.P.No.3064 of 2022 Shiva Sathya ... Petitioner -VersusMadan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP.No.68 of 2021 pending on the file of the Subordinate Court at Valliyur and transfer the same to a Subordinate Judge at Poonamallee.

For Petitioner : Mr.D.Bennington For Respondent : M/s.Murali Law Firm

ORDER

The petitioner is the wife and the respondent is the husband. They got married on 17.04.2019. From the wedlock, a female child was born on 26.01.2020 and who is about four years old today. The husband has filed a

petition for restitution of conjugal rights before the Sub Court at Valliyur in HMOP.No.68 of 2021.

2. The petitioner is currently residing with her mother at Nazarathpet near Poonamallee in Chennai. She is unable to travel from Nazarathpet to Valliyur for the purpose of attending every hearing.

3. Taking into consideration that she has a young child to care for and the fact that the distance between Valliyur and Nazarathpet is considerable, HMOP.No.68 of 2021 is withdrawn from the file of the Sub court, Valliyur and is transferred to the file of the Sub Court at Poonamallee.

4. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

24.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The Subordinate Court at Valliyur 2.The Subordinate Judge at Poonamallee

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.156 of 2022 & C.M.P.No.3064 of 2022 24.04.2024