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Madras High CourtTR CMP/460/2021allowed

Thilaka v. Vallal Perumal

2021-11-08Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR CMP No.460 of 2021 and CMP No.12214 of 2021 Thilaka ... Petitioner/Respondent TVs Vallal Perumal ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, pleased to withdraw and transfer the proceedings in H.M.O.P.No.37 of 2020 on the file of the Sub Court, Ulunderpet to Sub-Court, Neyveli. For Petitioner : Mr.P.Prasanna for Mr.M.Subhash Pandiyan

O R D E R

The Petitioner seeks transfer of HMOP No.37 of 2020 pending on the file of the Sub Court, Ulundurpet to Sub Court, Neyveli.

2. The sole ground of transfer sought for is that of convenience. The petitioner claims that she is residing at Neyveli along with her parents and traveling to Ulundurpet is difficult for her as she is dependent on her parents. It is also her case that she is not being paid any maintenance by the husband.

3. Though the husband was served on 30.08.2021, he has not chosen to appear before this Court either in person or through counsel duly instructed.

4. Considering the convenience of the wife and the fact that the Domestic Violence case is pending in Neyveli which is https://hcservices.ecourts.gov.in/hcservices/

defended by the husband, I find the prayer for transfer of HMOP is reasonable and acceptable. Hence, this Transfer Civil Miscellaneous Petition is allowed. The petition in HMOP No.37 of 2020 on the file of the Sub Court, Ulundurpet is withdrawn and transferred to the Sub Court, Neyveli. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vum To

1. The Sub Judge, Ulundurpet, Villupuram District.

2. The Sub Judge, Neyveli, Cuddalore District.

+1cc to Mr.P.Vasanth, Advocate, S.R.No.57322 TR CMP No.460 of 2021 and CMP No.12214 of 2021 NR(CO) SU(24/11/2021) https://hcservices.ecourts.gov.in/hcservices/