A.V. Karthika v. V.R.Mahesh Krishna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Tr CMP.No.487 of 2023 and CMP.No.11753 of 2023 A.V.Karthika ... Petitioner /vs/ V.R.Mahesh Krsihna ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the HMOP No.26/2023 from the file of the VII Additional Family Court, Chennai and transfer the same to the Subordinate Court, Arni, Tiruvannamalai District. For Petitioner ... Ms.M.Rebecca For Respondent ... Notice served. No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the HMOP No.26/2023 from the file of the VII Additional Family Court, Chennai and transfer the same to the Subordinate Court, Arni, Tiruvannamalai District.

2. The petitioner is wife of the respondent. The respondent herein has filed the above HMOP No.26/2023 seeking divorce. The petitioner is now residing at Vettiyatholuvam, Arni, Thruvannamalai District and she is having health issues including low blood pressure and inview of the same, she cannot travel long distance from Tiruvannamalai to Chennai to attend the court proceedings, and hence, the present transfer petition has been filed.

3. Despite notice has been served upon the respondent, no representation on behalf of him

4. Considering the nature of the case and also the submissions and the difficulty expressed by the petitioner is justifiable, this Court is inclined to transfer the case, as prayed for in the petition.

5. Accordingly, H.M.O.P.No.26/2023 is hereby directed to be withdrawn from the file of the VII Additional Family Court, Chennai and transferred to the Subordinate Court, Arni, Tiruvannamalai District. The

VII Additional Judge, Family Court, Chennai is directed to send the entire records to the Subordinate Court, Arni, Tiruvannamalai District, within a period of two weeks from the date of receipt of a copy of this order and on receiving the same, the learned Subordinate Court, Arni, Tiruvannamalai District is directed to issue notice to both parties and thereafter, dispose of the case on merits, as early as possible.

6. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

07.03.2024 Index : Yes/No Internet : Yes/No mst To 1.The VII Additional Judge, Family Court, Chennai. 2.The Subordinate Judge, Arni, Tiruvannamalai.

V.SIVAGNANAM ,J.

mst Tr CMP.No.

07.03.2024