G. Sowmiya v. S.S.Jayan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and C.M.P.No. 8555 of 2023 G. Sowmiya ... Petitioner Vs.

S.S. Jayan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P.No. 26 of 2023 on the file of learned Sub Court, Sathyamangalam and transfer the same to learned Sub Court, Bhavani.

For Petitioner : Mr. B. Mohan For Respondent : Mr. S. Kamadevan 1/4

O R D E R

The petitioner / wife seeks transfer of H.M.O.P.No.26 of 2023 pending on the file of Ld Sub Court, Sathyamangalam to the Ld Sub Court, Bhavani.

2. The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 27.10.2021 at Avinashi Lingeswarar Temple, Avinashi, as per the Hindu Rites and Customs. Further submitted that the petitioner is living without any source of income depending on aged parents. Hence, she prays to transfer the HMOP.No.26 of 2023, to the Ld Sub Court, Bhavani.

3. The learned counsel for the respondent submits that the husband has filed application for restitution of conjugal rights, for that she is not inclined.

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4. On perusal of the records, it reveals that the distance between Sathyamangalam and Bhavani is hardly 20kms. Even as per the request made by the petitioner for restitution of congujal rights, I do not find any reason to transfer the application.

5. Accordingly, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

31.10.2023 Index : Yes / No AT To

1. The Sub Court, Sathyamangalam.

2. The Sub Court, Bhavani.

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T.V.THAMILSELVI, J.

AT Tr.C.M.P.No. 394 of 2023 and C.M.P.No. 8555 of 2023 31.10.2023 4/4