Dr. S. Pandipriya v. Dr. V. Sabari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Tr.C.M.P.No.615 of 2024 and C.M.P.No.13249 of 2024 Dr.S.Pandipriya ... Petitioner Vs.

Dr,V.Sabari ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the HMOP No.37/2023 on the file of the I Additional Subordinate Court, Salem to the file of the Subordinate Court, Poonamallee.

For Petitioner :

Mr.B.Pachaiyappan For Respondent :

No appearance

ORDER

The petitioner filed this transfer petition seeking transfer of HMOP.No.37 of 2023 filed by her estranged husband/respondent from the file of the I Additional Subordinate Court, Salem to the file of the Sub Court, Page No.1 of 4

Poonamallee.

2.Though the notice has been served on the respondent, none has entered appearance on behalf of the respondent. 3.The learned counsel for the petitioner submitted that marriage between petitioner and respondent solemnized on 13.06.2022 at Sree Meenakshi Sundareswarar Temple, Madurai. Right from the marriage, the respondent and his family members without any reason started to abuse and harass the petitioner, despite the petitioner acted as dutiful wife. The respondent also forced the petitioner to bring dowry from her parents. Unable to bear further, the respondent forcibly chased out the petitioner from matrimonial home to her parents home and filed petition for divorce in H.M.O.P.No.37 of 2023 on the ground of cruelty. He further submitted that the petitioner is residing in Chennai along with her mother and it is very difficult for her to travel from Chennai to Salem. Hence, prays for transfer. 4.Considering the submissions and on perusal of the materials, it is seen that the petitioner is facing difficulty to travel from Chennai to Salem. Page No.2 of 4

Further she is not with sufficient income.

5.In view of the above, this Court withdraws HMOP.No.37 of 2023 from the file of the I Additional Subordinate Court, Salem and transfers the same to the file of the Sub Court at Poonamalle. Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs.

29.07.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes Jer To 1.The I Additional Subordinate Judge I Additional Subordinate Court, Salem.

2.The Subordinate Judge Sub Court, Poonamallee.

M.NIRMAL KUMAR, J.

Jer Page No.3 of 4

Tr.C.M.P.No.615 of 2024 and C.M.P.No.13249 of 2024 29.07.2024 Page No.4 of 4