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Madras High CourtTR CMP/376/2015ordered

Mrs.P.Praveena v. Mr.K.Perumal

2017-02-27Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.376 of 2015 and M.P.No.1 of 2015 P.Praveena .. Petitioner/Respondent -VsK.Perumal .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw H.M.O.P.No.94 of 2014 on the file of the Sub Court, Tindivanam and transfer the same to the Sub Court, Tiruthani.

For petitioner... Ms.V.Alamelu For respondent ... No Appearance

O R D E R

Out of the wedlock between the petitioner-wife and the respondent-husband, a girl child was born. As the respondent -husband did not unite with the petitioner for leading the matrimonial life and reluctant, the petitioner preferred a maintenance petition in M.C.No.15 of 2008 before the Judicial Magistrate Court, Thiruthani, in which, maintenance was ordered to be paid to the petitioner-wife and child. The respondent had not complied with the said order of maintenance. Thereafter, they lived together and all of a sudden, the respondent left the petitioner. The respondent-husband preferred H.M.O.P.No.94 of 2015 before the Sub Court, Tindivanam for divorce. It is stated that the petitioner-wife is at present residing with her old aged parents. It takes five hours to travel between the Thiruthani to Tindivanam for the petitioner to attend the Court hearings. Further it is her grievance that she could not meet out the travel and litigation expenses and that her parents could also not afford to the said expenses for travel. Hence, she has filed this Transfer C.M.P.

2.

Inspite of the name of the respondent having been printed in the cause list, there is no representation for the respondent either in person or through counsel. https://hcservices.ecourts.gov.in/hcservices/

3.

Considering the above grievances of the petitioner and also taking into account the fact that the convenience of the wife has to be given importance in the matrimonial proceedings, this Tr.C.M.P. Is ordered and H.M.O.P.No.94 of 2014 pending on the file of the Sub Court, Tindivanam shall stand withdrawn and transferred to the Sub Court, Thiruthani. No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn To

1. The Sub Judge, Tindivanam.

2. The Sub Judge, Thiruthani +1cc to Ms.Alamelu, Advocate, S.R.No.12331 NA(CO) RS(13/03/2017) Tr.C.M.P.No.376 of 2015 and M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/