K.V.Sri Nivedha v. V.Naveen Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.190 of 2023 & CMP No. 4294 of 2023 K.V.Sri Nivedha ....

Petitioner -VsNaveen Prabhu ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP No.161 of 2022 from the file of the Subordinate Court, Udumalpet to transfer the same to the Subordinate court, Pollachi, Coimbatore District.

For Petitioner : Mr.P.Kalimuthu For Respondent : Not appeared.

O R D E R

This petition has been filed to withdraw and transfer HMOP No.161 of 2022 pending on the file of Subordinate Court, Udumalpet to the Subordinate court, Pollachi.

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2. Heard the learned counsel for the petitioner. Despite serving notice there is no representation on the side of the respondent.

3. It is seen from the records that the respondent filed HMOP No.161 of 2022, on the file of the Subordinate Court, Udumalpet, for restitution of conjugal rights. Now, the petitioner living with her three year old child and her aged parents.

4. Considering the distance between the petitioner's house and the Court, and also the fact that the petitioner is living with her three year old child. Hence, this Court is inclined to transfer the HMOP No.161 of 2022 pending on the file of the Subordinate Court, Udumalpet to Subordinate court, Pollachi.

5. Accordingly, the present Tr.C.M.P. is allowed and the HMOP No.161 of 2022 pending on the file of the Subordinate Court, Udumalpet, is withdrawn and transferred to the file of the Subordinate court, Pollachi. Further, the Subordinate Court, Udumalpet, is directed to transfer the records in connection with HMOP No.161 of 2022, to the Subordinate court, Pollachi, within a period of two weeks from the date of receipt of a copy of this order. Further both parties 2/4

directed to appear before the Subordinate court, Pollachi, for mediation not less than five sittings. No costs. Consequently connected miscellaneous petition is closed.

16.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The Subordinate court, Udumalpet.

2.The Subordinate court, Pollachi.

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T.V.THAMILSELVI, J.

pbl TR.CMP.No.190 of 2023 & CMP No. 4294 of 2023 16.03.2023 4/4