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Madras High CourtTR CMP/307/2024allowed

P. Rajarajeswari v. B. Sriram

2025-02-28Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.6153 of 2024 P.Rajarajeswari ... Petitioner Vs.

B.Sriram ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw and transfer pending HMOP.No.194/2023 on the file of the Principal Subordinate Judge, Tiruchirappalli to Sub Court, Nagapattinam. For Petitioner : M/s.Vandhiyathevan Veera For Respondent : M/s.D.Padmanathan

O R D E R

The above Petition is filed to withdraw and transfer HMOP.No.194 of 2023 pending on the file of Principal Subordinate Judge, Tiruchirappalli to the Sub Court, Nagapattinam.

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2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife is unemployed and is not being maintained by the respondent/husband.

(ii) The petitioner is fully dependent on her old aged parents. (iiI) The petitioner is also finding it extremely difficult to travel all the way from Nagapattinam to Tiruchirappalli for every hearing of the HMOP.

3. Heard the learned counsel on either side.

4. In the above circumstances the request for transfer appears reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and HMOP.No.194 of 2023 pending on the file of the Principal Subordinate Judge, Tiruchirappalli is withdrawn and transferred to the file of the Sub Court, Nagapattinam. A direction is issued to the Sub Court, Nagapattinam to first refer the parties to mediation, and if the mediation fails, then to proceed with the proceedings. No costs. Consequently, the connected Miscellaneous Petition is closed.

28.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No 2/4

To 1.The Principal Subordinate Judge, Tiruchirappalli

2. The Sub Court, Nagapattinam.

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P.T. ASHA . J., (shr) and C.M.P.No.6153 of 2024 28.02.2025 4/4