R. Parithashri v. P.Vimal Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Tr.CMP No.610 of 2023 and CMP No.15224 of 2023 R.Parithashri ... Petitioner Vs.

P.Vimal Raja

...Respondent

PRAYER: Civil Revision Petition filed under Section 24 & 151 of CPC to withdraw the IDOP No.64/2023 on the file of the District Judge, Villupuram and transfer the same to the file of the Family Court, Chengalpattu and consequently, direct the transferee court to deal with the said case in accordance with law.

For Petitioner : Mr.R.Saraswathi For Respondent : Mr.A.Adhi Chakravarthi for Mr.T.Saikrishnan

O R D E R

This Civil Revision Petition has been filed to withdraw the IDOP No.64/2023 on the file of the District Judge, Villupuram and transfer the same to the file of the Family Court, Chengalpattu.

2. The petitioner herein is the wife of respondent and the respondent has filed the above said IDOP No.64/2023 to dissolve the marriage solemnized between him and the petitioner herein. According to the petitioner, she is residing at no.123/A, Mettur Street, Athur, Kancheepuram, Chengalpattu and she cannot travel from Chengalpattu to Villupuram to take part in the case proceedings and hence, this transfer civil miscellaneous petition has been filed.

3. Heard the learned counsel for the petitioner and I haver perused the materials on record.

4. According to the petitioner, her husband/respondent herein has filed IDOP No.64/2023 seeking divorce and the same is pending on the file of District Judge, Villupuram. It is contended by the petitioner that, she is residing in Athur, Kancheepuram, Chengalpattu and it is difficult for her to travel from Chengalpattu to Villupuram. However, considering the distance between Chengalpattu to Villupuram, it is not far off to travel from

Chengalpattu to Villupuram and frequent transport facilities is available for such travel. Further, the respondent is residing at Kodungal Village, Kandacheepuram Taluk, Villupuram. In such circumstances, this court is of the view that the petitioner has not stated any valid ground for transferring the case from Villupuram to Chengalpattu and hence, the civil revision petition is liable to be dismissed.

5. Accordingly, the transfer civil miscellaneous petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Index: Yes/No 06.02.2024 Internet: Yes/No mst To The District Judge, Villupuram.

V.SIVAGNANAM, J., mst Tr.CMP No.610 of 2023 06.02.2024