Madras High CourtTR CMP/491/2017disposed of

Rajeswari v. Shankar @ Loganathan

2017-07-28Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR CMP NO.491 of 2017 AND CMP NO.10120 of 2017 Rajeswari ... Petitioner versus Shankar @ Loganathan ... Respondent PRAYER: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP No. 5 of 2016 pending on the file of the SubCourt, Ranipet and directed to file the same before the Sub-Court, Cheyyar to try along with HMOP No. 27 of 2016. For Petitioner :

Mr.S.Makesh For Respondent :

No appearance

O R D E R

The petitioner has filed this transfer petition with a prayer to withdraw the proceedings from the file of Sub-Court, Ranipet and transfer the same to the file of Sub- Court, Cheyyar.

2. Heard the learned counsel for the petitioner. Inspite of service of notice there is no appearance for the respondent.

3. The petitioner is a resident of Cheyyar, T.V.Malai District. The respondent instituted a proceedings before the Subordinate Court, Ranipet, for divorce. According to the petitioner, she has filed a petition in H.M.O.P.No.27 of 2016 before the Subordinate Court, Cheyyar, for restitution of conjugal rights and as such, it is very difficult for her to travel to Ranipet, for the purpose of defending the proceedings in H.M.O.P.No.5 of 2016.

4. Section 19(iii-a) of the Hindu Marriage Act, permits the wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.

5. The petitioner has produced sufficient materials justifying the transfer. In fact, there is nothing on record suspecting the bonafides in filing this transfer petition. Considering the physical inconvenience caused to the petitioner, this Court is of the view that the transfer petition deserves to be allowed.

6. The proceedings in H.M.O.P.No.5 of 2016 is withdrawn from the file of Sub-Court,Ranipet and is transferred to the file of Sub Court, Cheyyar, to be tried along with H.M.O.P.No.27 of 2016.

7. The Transfer Civil Miscellaneous Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

28.07. 2017 Index : Yes/No Internet : Yes/No bsm/tk To

1) The Sub-Court, Ranipet.

2) The Sub Court, Cheyyar.

M.GOVINDARAJ, J.

bsm/tk TR CMP NO.491 of 2017 AND CMP NO.10120 of 2017 28.07.2017