P.Ramadevi v. B.Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2024 C O R A M THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR TR.C.M.P.No.589 of 2024 and C.M.P.No.12777 of 2024 P. Ramadevi ... Petitioner

Versus

B. Manikandan ... Respondent PRAYER: The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the Original Petition in H.M.O.P.No.93 of 2023 pending on the file of the learned Sub Court, Polur, Tiruvannamalai District and and transfer the same to the Sub Court, Tambaram. For Petitioner : Mr.R.Raj Mohan - - - - -

O R D E R

The petitioner/estranged wife of the respondent has filed this Transfer Civil Miscellaneous Petition seeking transfer of H.M.O.P.No.93 of 2023 pending on the file of the Sub Court, Polur, Tiruvannamalai District, to the file of the Sub Court, Tambaram.

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2 The contention of the petitioner is that the marriage between the petitioner and the respondent was solemnized on 06.02.2022 at Jayaramesh Thirumana Mandapam, Chettupattu Arani Road, Tiruvannamalai District as per the Hindu Rites and Customs. After the marriage, they were living happily for some time and out of wedlock, there is no issue to them. Since there was a difference of opinion between them, the respondent/husband filed the Original Petition in H.M.O.P.No.93 of 2023 on the ground of cruelty before the Sub Court, Polur, Tiruvannamalai District.

3.The learned counsel for the petitioner submits that the petitioner is working at Chennai as Software Engineer at MEPZ and is living with aged parents and two younger sisters. She is only earning member in the family and it is very difficult to get leave from her Office. She further submits that the petitioner, being a single lady without any support, it is difficult to attend the Court at Polur by travelling around 175 Kilometres and there is no safety for her to travel alone from Chennai to Polur. Hence, prays to transfer H.M.O.P.No.93 of 2023 from the file of the Sub Court, Polur, to the file of the Sub Court, Tambaram.

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4. Notice served on the respondent and the name is also printed in the cause list, but, none appeared on behalf of the respondent. In view of the above, it is taken respondent/husband has no serious objection in considering the above petition. Hence, this Court heard the petitioner and perused the typed set of papers produced by her.

5. Considering the facts and circumstances of the petitioner that she is residing at Chennai along with her aged parents and is also working at Chennai and also being a single lady, it is difficult to travel from Chennai to Polur, this Court is inclined to withdraw the case in H.M.O.P.No.93 of 2023 from the file of the Sub Court, Polur, and hence, the same shall stand withdrawn and transferred to the file of the Sub Court, Tambaram. With the above direction, this Transfer Civil Miscellaneous Petition is allowed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

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M. NIRMAL KUMAR, J.

asi To

1. The Sub Court, Polur, Tiruvannamalai District.

2. The Sub Court, Tambaram.

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