S. Thaiyalnayagi v. S. Mathankumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN TR.CMP Nos.541 and 548 of 2024 and CMP Nos.11990 & 12033 of 2024 S.Thaiyalnayagi ....

Petitioner in both Petitions -VsS.Mathankumar ....

Respondent in both petitions Prayer in Tr.CMP No.541 of 2024: Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP No.176 of 2023 on the file of the Principal Subordinate Court, Kumbakonam and transfer to the Subordinate Court, Tiruchengode. Prayer in Tr.CMP No.548 of 2024: Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw G.O.P.No.93 of 2023 on the file of the Principal District and Sessions Court, Thanjavur and transfer to the Subordinate Court, Tiruchengode. For Petitioner : Mr.R.Kuyilan For Respondent : Mr.N.Palanisamy

O R D E R

Petitioner is the wife. She married the respondent on 03.03.2019. On account of the fact she was turned away from the matrimonial home on 31.07.2023, she has shifted her residence to Tiruchengode. She pleads she is a person suffering from diabetes and is unemployed and depending on her widowed mother. She would state that the respondent husband had initiated G.O.P. No.93 of 2023 on the file of the 1 / 4

Principal District and Sessions Judge at Thanjavur and HMOP No.176 of 2023 on the file of the Principal District and Sessions Judge at Kumbakonam. Pleading inability to travel 220 Kms from Tiruchengode to Thanjavur and Kumbakonam, she has moved this transfer petition.

2. Notice was issued in the transfer application on 20.06.2024 and Mr.N.Palanisamy has entered appearance for the respondent.

3. The papers reveal that the petitioner's father is no more and she is residing at Tiruchengode along with her widowed mother. The distance between Tiruchengode and Kumbakonam being considerable, I am inclined to accept the transfer.

4. Accordingly, G.O.P. No.93 of 2023 is withdrawn from the file of the Principal District and Sessions Judge, Thanjavur and transferred to the file of the Principal District and Sessions Judge at Namakkal. Likewise, HMOP No.170 of 2023 is withdrawn from the file of the Principal District and Sessions Judge at Kumbakonam and transferred to the file of the Subordinate Judge at Tiruchengode. The Transfer CMPs are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

13.09.2024 KST 2 / 4

To 1.The Principal Subordinate Court Kumbakonam.

2.The Principal District and Sessions Judge, Thanjavur.

3.The Subordinate Judge, Namakkal.

4.The Subordinate Judge, Tiruchengode 3 / 4

V. LAKSHMINARAYANAN, J.

KST .

TR.CMP Nos.541 & 548 of 2024 13.09.2024 4 / 4