P Mohana v. Jaganath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA Tr.CMP. No.169 of 2021 and C.M.P.No.5175 of 2021 P.Mohana ... Petitioner/Respondent -VsJaganath ... Respondent/Petitioner PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.175 of 2020 on the file of the learned Sub Judge, Kancheepuram and transfer the same to the file of the learned Sub Judge, Maduranthagam. For Petitioner :

Mr.S.Udaya Kumar For Respondent : No Appearace

ORDER

The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.175 of 2020 filed by the husband for divorce before the learned Sub Judge, Kancheepuram, to the file of the the learned Sub Judge, Maduranthagam. 2.The petitioner would contend that marriage between herself and the respondent had been solemnized on 17.04.2019 at Chengalpet as per Hindu rites and customs. Out the wedlock, they had one girl child by name Subithra born on 20.01.2021. Thereafter, there was some quarrel between them due to the difficult behaviour of the respondent's mother. 3.The reasons for seeking the transfer are as follows:

1. The petitioner is taking care of her minor child and she and her child are also being taken care of by her parents as the respondent/husband has not come forward to pay any maintenance to her.

2. Since the matter is pending before the Family Court, Kancheepuram, the petitioner has to https://hcservices.ecourts.gov.in/hcservices/

travel for every hearing from Maduranthagam to Kancheepuram.

4.Considering the above reasons and also taking note of the fact that the husband has not being paying any maintenance either for his wife expenses or for his child, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.175 of 2020, pending on the file of the learned Sub Judge, Kancheepuram is withdrawn and transferred to the file of the Sub Judge, Maduranthagam. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mps To 1.The Sub Judge, Kancheepuram.

2.The Sub Judge, Maduranthagam.

+1cc to Mr.S.Udaya Kumar, Advocate, S.R.No.15589 Tr.CMP. No.169 of 2021 and C.M.P.No.5175 of 2021 GPL(CO) CT 11/04/2022 https://hcservices.ecourts.gov.in/hcservices/