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Madras High CourtTR CMP/497/2021allowed

T.Ashwini v. S.Srinivasan

2022-04-07Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.497 of 2021 & C.M.P.No.13405 of 2021 T.Ashwini ... Petitioner Vs S.Srinivasan ... Respondent Prayer: Petition is filed under Section 24 of the Code of Civil Procedure to transfer H.M.O.P.No.52 of 2021 filed by the respondent on the file of the Sub-Court, Kancheepuram to the Sub Court, Madhuranthakam to be tried along with HMOP No.37 of 2021 filed by the petitioner.

For Petitioner :

Mr.S.Udaya Kumar For Respondent :

No Appearance

ORDER

The above petition is filed by the wife seeking transfer of H.M.O.P.No.52 of 2021, filed by the husband seeking divorce on the file of the Sub-Court, Kancheepuram to the file of the Sub-Court, Madhuranthakam to be tried along with H.M.O.P.No.37 of 2021.

2. The petitioner would state that she is residing at Vennangupattu and she has to catch three buses to reach Kancheepuram to attend the hearing. The petitioner would submit that her parents have to accompany her and it may cause great inconvenience to them. The petitioner would further submit that she has no independent income for the travel expenses to attend the hearing.

3.It is the case of the petitioner that she has filed H.M.O.P.No.37 of 2021 on the file of the Sub-Court, Madhuranthakam. Therefore, she pray for the transfer of H.M.O.P.No.52 of 2021 pending on the file of the Sub-Court, Kancheepuram to the file of the Sub-Court, Madhuranthakam to be https://hcservices.ecourts.gov.in/hcservices/

tried along with H.M.O.P.No.37 of 2021.

4.The respondent though served has not entered appearance.

5.Heard the learned counsel for the petitioner and perused the records.

6.Considering the fact that the petitioner is residing at Vennangupattu which falls within the Jurisdiction of the SubCourt, Madhuranthakam and also taking into account the fact that the petition filed by the petitioner wife is pending before the Sub-Court, Madhuranthakam, the Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P.No.52 of 2021 pending on the file of the Sub-Court, Kancheepuram is withdrawn and transferred to the file of the Sub-Court, Madhuranthakam to be tried along with H.M.O.P.No.37 of 2021. Consequently, connected Civil Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kan To 1.The Subordinate Judge, Kancheepuram.

2.The Subordinate Judge, Madhuranthakam.

+1cc to Mr.S.Udaya Kumar, Advocate SR.No.24200 Tr.C.M.P.No.497 of 2021 SV(CO) GN(05/05/2022) https://hcservices.ecourts.gov.in/hcservices/