Sathiyapriya v. M.Jeeva

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Tr.C.M.P.No.304 of 2022 and C.M.P.No.6189 of 2022 Sathiyapriya

...Petitioner

Vs.

M. Jeeva ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC to transfer the H.M.O.P. No.18 of 2022 pending on the file of Family Court, Mannargudi to the file of the Family Court, Nagapattinam. For Petitioner : Mr.K.M. Subrahmaniam For Respondent : Mr.B. Jawahar

ORDER

The present petition is filed seeking to withdraw H.M.O.P. No.18 of 2022 pending on the file of Family Court, Mannargudi, and transfer the same to the file of the Family Court, Nagapattinam. 2.The present petitioner is the respondent in H.M.O.P. No.18 of

2022 on the file of the Family Court, Mannargudi. The respondent/husband filed the H.M.O.P. under Section 13 (1) (i-a) of the Hindu Marriage Act 1955 seeking for dissolution of marriage that was solemnised between the petitioner and the respondent on 19.11.2020.

3. Heard Mr.K.M. Subrahmaniam, learned counsel appearing for the petitioner and Mr.B. Jawahar, learned counsel appearing for the respondent.

4. The learned counsel appearing for the petitioner contended that the petitioner had left her matrimonial home, due to the intolerable harassment meted out to her by her husband and in-laws demanding dowry, and she is presently residing in Nagapattinam with her parents. It is further submitted by him that the petitioner/wife is unable to go over to Mannargudi, which is 70 km away from her place, to attend each and every hearing before the Family Court, Mannargudi.

5. Learned counsel for the respondent did not raise any serious

objections in transferring H.M.O.P. No.18 of 2022 pending on the file of the Family Court, Mannargudi, to the file of Family court, Nagapattinam.

6. Since the petitioner is residing with her parents in Nagapattinam, in the interests of justice, H.M.O.P No.18 of 2022 is withdrawn from the file of Family Court, Mannargudi and transferred to the file of Family Court, Nagapattinam. The learned Family Court Judge, Mannargudi, is directed to send all the records pertaining to H.M.O.P. No.18 of 2022 to the Family Court, Nagapattinam with immediate effect. 7.In the result, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently connected miscellaneous petition is closed.

03.11.2022 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga

R. HEMALATHA, J.

bga To 1.The Judge, Family Court, Mannargudi

2. The Judge, Family Court, Nagapattinam.

Tr.C.M.P.No.304 of 2022 and C.M.P.No.6189 of 2022 03.11.2022