V.Pavithra v. S.Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Tr.C.M.P.No.610 of 2024 and C.M.P.No.13158 of 2024 V.Pavithra ... Petitioner Vs.

S.Rajkumar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the petition filed by the respondent in HMOP.No.88 of 2023 pending on the file of learned III Additional Sub Court, Madurai to learned Sub Court, Tambaram. For Petitioner :

Mr.A.Vivek For Respondent :

Mr.K.R.Mahesh

ORDER

The petitioner filed this transfer petition seeking transfer of divorce petition in HMOP.No.88 of 2023 filed by her estranged husband/respondent from the file of the III Additional Subordinate Court, Madurai to the file of Page No.1 of 4

the Subordinate Court, Tambaram.

2.The learned counsel for the petitioner submitted that marriage between petitioner and respondent solemnized on 23.06.2021 at Subiksha Mahal, Alanganallur, Madurai and they started their matrimonial life initially at Madurai and after three months, they shifted to No.60, S2, 2nd Floor, Kuberan Apartment, Medavakkam, Chennai. When the petitioner was living in the respondent's house at Madurai, the respondent and his family members used to ill-treat the petitioner by demanding more dowry. Even after they shifted to Chennai, the respondent not changed his attitude and he started to pick up quarrel for no reason. In the month of August, 2022, the petitioner was forced out from the matrimonial home. Now the petitioner is at the mercy of her parents in Chennai. At this stage, being a single women she could not travel all the way from Chennai to Madurai which is around 450 kms. Hence, prays for transfer. 3.The learned counsel for the respondent submitted that the respondent has got no objection for transferring the divorce petition to Page No.2 of 4

Chennai.

4.Considering the submissions and on perusal of the materials, it is seen that being a woman the petitioner forced to travel from Chennai to Madurai to attend Court proceedings will not be proper. Added to it, the respondent has no objection for transfer the case to the Subordinate Court, Tambaram.

5.In view of the above, this Court withdraws HMOP.No.88 of 2023 from the file of the III Additional Subordinate Court, Madurai and transfers the same to the file of the Subordinate Court at Tambaram. Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs. 01.08.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes vv2 Page No.3 of 4

M.NIRMAL KUMAR, J.

vv2 To 1.The III Additional Subordinate Court, Madurai.

2.The Subordinate Court, Tambaram.

01.08.2024 Page No.4 of 4