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Madras High CourtTR CMP/218/2025allowed

Pavithra Marimuthu v. S. Manoj @ Sarankumar

2025-06-18Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.C.M.P.No.218 of 2025 and CMP. No.4221 of 2025 Pavithra Marimuthu ... Petitioner vs.

S.Manoj @ Sarankumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, to withdraw the HMOP. No.376 of 2022, pending on the file of the II Additional Subordinate Court, Coimbatore and transfer the same to the file of Subordinate Court at Poonamalllee, Chennai. For Petitioner : Mr.Abijith Christopher For Respondent : No Appearance

ORDER

This Transfer Miscellaneous Petition is filed to transfer the HMOP. No.376 of 2022, pending on the file of the II Additional Subordinate Court, Coimbatore to the file of Subordinate Court at Poonamalllee, Chennai. 1/4

2. I have heard Mr.Abijith Christopher, learned counsel for the petitioner. Despite service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The respondent is called and set ex-parte.

3. The petitioner is the wife who is represented as respondent in HMOP. No.376 of 2022 before II Additional Sub Court, Coimbatore. The learned counsel for the petitioner would take me through the affidavit filed in support of the Transfer Application as well as the documents relied on by way of typed set of papers, it is seen that the petitioner is 100% visually challenged person and she resides in Avadi and hence expressing serious inconvenience to travel all the way to Coimbatore. The petitioner has filed the present Transfer Application seeking transfer of the proceedings to Subordinate Court at Poonamalllee, Chennai.

4. I have gone through the affidavit filed in support of the transfer Application, I have also considered submissions advanced by the learned counsel for the petitioner. The petitioner has made out a case seeking for transfer as prayed for and I am inclined to accept the Transfer Civil 2/4

Miscellaneous Petition.

5. In fine, this Transfer Miscellaneous Petition is allowed and HMOP. No.376 of 2022, pending on the file of the II Additional Subordinate Court, Coimbatore is hereby transferred to the file of Subordinate Court at Poonamalllee, Chennai. No costs. Connected Miscellaneous Petition is also closed.

18.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No rkp To 1.The Judge, II Additional Subordinate Court, Coimbatore. 2.The Sub Judge, Poonamalllee, Chennai.

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P.B.BALAJI.J., rkp Tr.C.M.P.No.218 of 2025 and CMP. No.4221 of 2025 18.06.2025 4/4