Madras High CourtTR CMP/363/2023disposed of

Aishvarya v. Tamilarasan

2023-06-12Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN TR.C.M.P.No.363 of 2023 and C.M.P.No.7869 of 2023 Aishvarya ... Petitioner Vs.

Tamilarasan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No.4 of 2023 from the file of the Hon'ble Sub Court, Tirupathur and transfer the same to the Hon'ble Sub Court, Harur. For Petitioner : M/s.J.Pradeep For Respondent : M/s.E.Kannadasan

O R D E R

This transfer petition is filed seeking to withdraw and transfer the petition in H.M.O.P.No.4 of 2023 from the file of the Sub Court, Tirupathur to the Sub Court, Harur.

2. The respondent has filed a petition in H.M.O.P.No.4 of 2023 against the petitioner, seeking divorce on the ground of cruelty.

3. It is submitted by the learned counsel for the petitioner that petitioner is residing at Harur along with her two daughters aged about nine years and 7 years and she has no source of income. It is further submitted by the learned counsel that the petitioner finds it difficult to undertake travel from Harur to Tirupathur, which is 120 Kms distance in both ways, to attend the Court hearings.

4. The learned counsel for the respondent submitted that he has no objection if the H.M.O.P.No.363 of 2023, is withdrawn from the file of the Sub Court, Tirupathur and transfer the same to the Sub Court, Harur.

5. By taking into consideration the facts and circumstances of the case, this Court is inclined to order the above transfer petition as indicated below.

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The divorce petition filed by the respondent/husband in H.M.O.P.No.4 of 2023 pending

on the file of the Sub Court, Tirupathur is withdrawn and transferred to the Sub Court, Harur. Further, the learned trial Judge is directed to take up H.M.O.P.No.4 of 2023 and dispose of the same, as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. 12.06.2023 Index: Yes/ No Speaking Order / Non-Speaking Order jai To

1. Sub Court, Tirupathur.

2. Sub Court, Harur.

Dr. D. NAGARJUN, J.

jai TR.CMP.No.363 of 2023 12.06.2023