Madras High CourtTR CMP/512/2015allowed

N.Usha v. A.Kathirvel

2016-07-15Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.512 of 2015 and M.P.No.1 of 2015 N.Usha W/o.A.Kathirvel ... Petitioner/Respondent vs A.Kathirvel S/o.K.Andamuthu ... Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw H.M.O.P.No.17 of 2015 on the file of learned Sub Judge, Perunthurai, Erode District and transfer the same to the file of learned Sub Judge, Namakkal, Namakkal District. For Petitioner :

Mr.B.Vasudevan For Respondent :

No appearance

O R D E R

Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

2. Petitioner has filed the present petition seeking transfer of H.M.O.P.No.17 of 2015 on the file of learned Sub Judge, Perunthurai, Erode District to the file of learned Sub Judge, Namakkal, Namakkal District.

3. Learned counsel for petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.17 of 2015 on the file of learned Sub Judge, Perunthurai, Erode District, seeking divorce. Petitioner, along with her minor child, is residing with her parents at Kondampatty, Namakkal District and hence, https://hcservices.ecourts.gov.in/hcservices/

she finds it difficult to travel to Perunthurai to attend the hearing of the case. Further, the petitioner has to spend a sum of Rs.1,000/- for every hearing to attend the Court at Perunthurai. Submitting as above, learned counsel prays for transfer.

4. Considering the submissions made, this Court directs transfer of H.M.O.P.No.17 of 2015 on the file of learned Sub Judge, Perunthurai, Erode District to the file of learned Sub Judge, Namakkal, Namakkal District.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gm To 1.The Sub Judge, Perunthurai, Erode District.

2.The Sub Judge, Namakkal, Namakkal District.

1 cc to Mr.D.Sadhasaran, Advocate, sr.39609 Transfer Civil Miscellaneous Petition No.512 of 2015 msm co kra 01.08.2016 https://hcservices.ecourts.gov.in/hcservices/