Seethalakshmi v. Thirunavukkarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.NO.583 OF 2021 AND C.M.P.NO.14953 OF 2021 Seethalakshmi

...Petitioner

Vs.

Thirunavukkarasu

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the HMOP.No.35 of 2021 on the file of the Sub-Court, Ulundurpet and transfer the same to the Sub-Court, Arani, Thiruvannamalai District.

For Petitioner :

Mr.S.Silambuselvan For Respondent :

Mr.S.Jimraj Milton

O R D E R

The wife seeks transfer of HMOP.No.35 of 2021, filed by the husband on the file of the Sub-Court, Ulundurpet to the SubCourt, Arani, Thiruvannamalai District.

2. Transfer is sought for on the sole ground of convenience of the wife, since she is a resident of Kattukkanallur, Arani Taluk, Thiruvannamalai District.

3. Mr.S.Jimraj Milton, learned counsel appearing for the respondent would submit that the proceedings may be transferred to any other Court other than Arani, as the husband apprehends some danger to his life, if he is to go to Arani, which is the native place of the wife. He would also submit that the wife's brother has always picked up quarrels, whenever he visited Arani. He would also submit that though the distance between Ulundhurpet and Arani is 129 kms, considering the nonavailability of direct public transport, it would be difficult for him to travel to Arani for the hearings.

4. Considering the claim made and convenience of the parties, I am of the opinion that it would be in the interest of https://hcservices.ecourts.gov.in/hcservices/

both the parties to have the proceedings before a neutral venue, which is acceptable to both the parties.

5. Therefore, HMOP.No.35 of 2021 is withdrawn from the file of the Sub-Court, Ulundurpet to the file of the Sub-Court, Thiruvannamalai, to be tried and disposed of in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar dsa To 1.The Subordinate Judge, Ulundurpet.

2.The Subordinate Judge, Thiruvannamalai.

+1cc to Mr.S.Silambuselvan, Advocate SR.No.62386 +1cc to Mr.S.Jimraj Milton, Advocate SR.No.61892 Tr.C.M.P.No.583 of 2021 GPL(CO) RVM(10/12/2021) https://hcservices.ecourts.gov.in/hcservices/