P. Navamani v. P. Iyyappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.368 of 2024 & C.M.P.No.7743 of 2024 P.Navamani ... Petitioner -VersusP.Iyyappan ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the petition for divorce filed by the respondent in HMOP.No.102 of 2024 pending on the file of the Subordinate Court, Alandhur to the Subordinate Court, Nagapattinam. For Petitioner : Mr.S.Senthil For Respondent : Mrs.Girija Venkataraman

ORDER

The petitioner is the wife. The respondent is the husband. The petitioner is a permanent resident of Katharipulam, Vedaranyam Taluk, Nagapattinam District. The husband is a permanent resident of Kovilambakkam in Chennai. They got married on 25.01.2021 in Kuravapulam. From the wedlock, a boy baby was born on 08.12.2021.

2. The husband has initiated a proceeding in HMOP.No.102 of 2024 before the Subordinate Judge at Alandhur. This proceeding is for divorce. Hence, this transfer petitioner seeks transfer of the aforesaid proceeding from the file of the Sub Court at Alandhur to the file of the Sub Court at Nagapattinam.

3. The learned counsel for the respondent would state that the Sub Court at Alandhur being a Subordinate Court, the wife need not travel for every hearing.

4. Considering the fact that the distance between Vedaranyam and Chennai is around 400 km, and in view of the fact that the petitioner/wife has a child to care for, I am not willing to make her travel this distance.

5. Therefore, taking into consideration the convenience of the wife and the fact that there is a new born baby from the wedlock, HMOP.No.102 of 2024 is withdrawn from the file of the Sub Court at Alandhur and is

transferred to the file of the Sub Court at Nagapattinam.

6. With the aforesaid direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

24.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Subordinate Court, Alandhur 2.The Subordinate Court, Nagapattinam

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.368 of 2024 & C.M.P.No.7743 of 2024 24.04.2024