Madras High CourtTR CMP/133/2019disposed of

S. Minu v. G. Senthil Kumaran

2019-04-08Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR C.M.P. No.133 of 2019 and C.M.P.No.4558 of 2019 S.Minu ... Petitioner/Respondent Vs.

G.Senthil Kumaran ... Respondent/Petitioner PRAYER:

Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the proceedings in H.M.O.P.No.774 of 2018 on the file of the learned Sub-Judge, Tambaram, Kanchipuram District and transfer the same to the file of Sub-Court, Cheyyar, Thiruvannamalai District to be tried along with H.M.O.P.No.143 of 2018.

For Petitioner : Mr.K.G.Senthil Kumar For Respondent : No Appearance

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of H.M.O.P.No.774 of 2018 on the file of the learned Sub-Judge, Tambaram, Kanchipuram District to the file of Sub-Court, Cheyyar, Thiruvannamalai District to be tried along with H.M.O.P.No.143 of 2018.

2. Respondent and petitioner are husband and wife. The respondent/husband filed a divorce petition in H.M.O.P.No.774 of 2018 on the file of Subordinate Judge, Tambaram. The petitioner/wife filed a maintenance petition in H.M.O.P.No.143 of 2018 before Sub-Court, Cheyyar.

3. The address of the petitioner/wife is shown as Cheyyar. According to the petitioner/wife, it is very difficult for her to travel from Cheyyar to Tambaram to attend the hearings. Apart from this she is not an employed women and depending on the income of her father. Since the parents are aged they are not in https://hcservices.ecourts.gov.in/hcservices/

a position to accompany her to Tambaram to attend the case. Therefore, she is put to severe hardship both physically as well as financially and nobody is there to assist her.

4. Considering the hardship caused to the petitioner/wife and also for the convenience of the parties, H.M.O.P.No.774 of 2018 pending on the file of Subordinate Judge, Tambaram is withdrawn and transferred to the file of Sub-Court, Cheyyar, Thiruvannamalai District to be tried along with H.M.O.P.No.143 of 2018 pending on the file of the same Court. The direction is issued to the Sub-Court, Cheyyar, Thiruvannamalai District to re-number the same and also dispose of the case as expeditiously as possible.

5. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bri To

1. The Subordinate Judge, Tambaram.

2. The Judge, Sub-Court, Cheyyar.

Tiruvannamalai District.

+1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No.34165 TR C.M.P. No.133 of 2019 and C.M.P.No.4558 of 2019 VBA(CO) CS/23/05/2019 https://hcservices.ecourts.gov.in/hcservices/