Madras High CourtTR CMP/378/2023allowed

M.Gajalakshmi @ Dhivya v. C.Hemanth Kumar

2024-02-06Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No.378 of 2023 and CMP.No.8072 of 2023 M.Gajalakshmi ... Petitioner /vs/ C.Hemanth Kumar ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the HMOP No.94/2022 from the file of the Subordinate Judge, Alandur and transfer the same to the Subordinate Court, Ambatur.

For Petitioner ... Mr.G.Chanthiraganth For Respondent ... Mr.M.Vijayakumar

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the HMOP No.94/2022 from the file of the Subordinate Judge, Alandur and transfer the same to the file of Subordinate Court, Ambatur.

2. The petitioner is wife and the respondent is husband. The respondent herein has filed the above HMOP No.94/2022 seeking divorce. The petitioner's child is studying in a school at Ambattur and hence, she is staying at Ambatur to take care of her child. In such circumstances, it is very difficult to her to travel from Ambattur to Alandur for attending the every court hearing and hence, the present transfer petition has been filed.

3. The learned counsel for the respondent has submitted that the respondent has no objection for transferring the case from Sub Court, Alandur to Sub Court, Ambattur.

4. Inview of the submission made by the learned counsel for the respondent and also considering the fact that the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the case, as prayed for in the petition.

5. Accordingly, H.M.O.P.No.94/2022 is hereby directed to be withdrawn from the file of the Subordinate Court, Alandur and transferred

to the Subordinate Court, Ambattur. The Subordinate Judge, Alandur is directed to send the entire records to the Subordinate Court, Ambattur within a period of two weeks from the date of receipt of a copy of this order and on receiving the same, the learned Subordinate Judge, Ambattur is directed to issue notice to both parties and thereafter, dispose of the case on merits, within three months from the date of receipt of a copy of this order.

6. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 06.02.2024 Internet : Yes/No mst To 1.The Subordinate Judge, Alandur.

2.The Subordinate Judge, Ambattur.

V.SIVAGNANAM ,J.

mst Tr CMP.No.

06.02.2024