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Madras High CourtTR CMP/495/2024allowed

K.Kumari v. D.Prasad

2024-09-09Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.CMP.No.495 of 2024 & CMP.No.10117 of 2024 K. Kumari ... Petitioner Vs.

D. Prasad ... Respondent Civil Revision Petition filed under Section 24 of CPC praying to withdraw HMOP.No.174 of 2023 on the file of Sub Court, Ponneri and ransfer the same to the file of Sub Court, Arakkonam. For petitioner : Mr.R.P.Rupan Chakravarthy For Respondent : No appearance

ORDER

The petitioner is the wife. She seeks for withdrawal of HMOP.No.174 of 2023 from the file of Sub Court Ponneri to the file of Sub Court, Arakkonam.

2. The petitioner married the respondent on 21.08.2022. Due to disputes and differences, the parties have separated. The wife is a permanent resident of Karaikkal in Ranipettai District. The husband is a resident of Alandur in Ponneri Taluk. He has initiated HMOP.No.174 of 2023 on the file of Sub Court at Ponneri. The wife pleads that the distance between Ponneri and her native is about 120 kilometres. She states that she find it difficult to take assistance of her aged parents to come and contest the proceedings. Hence this petition.

3. Notice was ordered on 04.06.2024. The respondent was served and he had entered appearance through Mr.K. Nagamani. There has been no appearance of K. Nagamani on 14.08.2024, 06.09.2024 and again on

09.09.2024.

4. I heard Mr. R.P.Ruban Chakravarthy for petitioner.

5. On perusal of the affidavit filed by the wife makes it clear that she is not in a position to travel the distance of 120 kilometres from Narasingapuram to Sub Court, Ponneri. She would plead that she is unable to maintain herself and has also initiated M.C.No.1 of 2024 on the file of Judicial Magistrate, Sholingar.

6. Taking into consideration the inconvenience of the wife, HMOP.No.174 of 2023 is withdrawn from the file of Sub Court, Ponneri and transferred to the file of Sub Court, Arakkonam. V. LAKSHMINARAYANAN, J.

msr

7. The Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected CMP is closed.

09.09.2024 Index: yes/no Internet:yes/no msr To

1. The Sub Court, Ponneri

2. The Sub Court, Arakkonam.

Tr.CMP.No.495 of 2024 & CMP.No.10117 of 2024