D. Santhiya v. R. Anbarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.09.2024

CORAM

THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN & C.M.P.No.14843 of 2024 D.Santhiya

...Petitioner

Vs.

R.Anbarasu

...Respondent

Prayer: Petition is filed under Section 24 of the Code of Civil Procedure to withdraw and transfer H.M.O.P.No.74 of 2024, on the file of the Subordinate Court, Mettur, Salem to Subordinate Court, Paramathi-Velur, Namakkal.

For Petitioner :

Mr.R.Naresh Kumar For Respondent :

Mr. T.M.Ramalingam.

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ORDER

Heard Mr.R.Naresh Kumar for the petitioner and Mr.T.M.Ramalingam for the respondent.

2. The petitioner is the wife. She married the respondent on 05.09.2016. From the wedlock, a female child was born. The child is aged about 6 years. The child is a special child who is taking treatment at Paramathi Velur, Namakkal. The husband has initiated H.M.O.P.No.74 of 2024, on the file of the Subordinate Court, Mettur, seeking divorce on the grounds of cruelty and desertion.

3. The wife pleads that she has to take care of her child. Medical records reveal though the physical age of the child is 6 years, her mental age is only that of 2 year old. The distance between Paramathi Velur and Namakkal is not considerable. However, taking into consideration the fact that the mother is taking care of a special child, I am inclined to accept the transfer.

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4. Accordingly, H.M.O.P.No.74 of 2024, pending on the file of the Subordinate Court, Mettur, is withdrawn and transferred to the file of the Subordinate Court, Paramaathi-Velur, Namakkal. The learned Subordinate Judge, Paramaathi-Velur, Namakkal, on transfer of the proceedings shall re-number the same and try it along with H.M.O.P.No.57 of 2024, which is said to be pending on his file.

5. With the above observation, the Transfer Civil Miscellaneous Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

20.09.2024 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Subordinate Court, Mettur, Salem.

2.The Subordinate Court, Paramathi-Velur, Namakkal.

V.LAKSHMINARAYANAN, J.

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