R.Shanmugapriya v. E.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.12152 of 2024 R.Shanmugapriya .. Petitioner

Versus

E.Ramesh .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.31 of 2024 on the file of the Sub-Court, Kovilpatti, Thoothukudi district and transfer to the file of the learned Sub-Judge, Poonamallee, Thiruvallur district. For Petitioner : Mr.K.Jothisivam For Respondent : Mr.S.L.Sudarsanam

ORDER

The petitioner is the wife. She married the respondent on 25.10.2015 at Kovilpatti. From the wedlock, a male child was born on 27.03.2019. Thereafter, the parties separated. The respondent initiated H.M.O.P.No.31 of 2024 on the file of the Subordinate Court at Kovilpatti seeking for divorce on the grounds of desertion. The wife is a student pursuing her 1/4

masters in Medicine at Chennai. She has a four year old child to attend to. Hence she has moved this Transfer Civil Miscellaneous Petition.

2. Notice was ordered on 21.06.2024 and Mr.S.L.Sudarsanam entered appearance on behalf of the respondent.

3. It is not in dispute that the petitioner is residing at Ramapuram in Chennai. To travel to Kovilpatti along with the four year old child would be difficult.

4. Taking into consideration the interests of the wife, I am inclined to accept the transfer.

5. Considering that the respondent/husband is working in the Government Hospital at Vilathikulam, he need not to appear for every hearing before the Subordinate Court, Poonamallee. He shall be represented by a Counsel on all hearing dates. On hearing dates in which his presence is essential, he shall present himself.

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6. With the above directions regarding appearance of the respondent/husband, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 18.10.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Sub-Court, Kovilpatti, Thoothukudi district.

2. The Sub-Court, Poonamallee.

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V.LAKSHMINARAYANAN, J.

grs and C.M.P.No.12152 of 2024 18.10.2024 4/4