Madras High CourtTR CMP/685/2024allowed

Sandhiya v. Vinoth Kumar

2024-09-27Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and CMP No.14768 of 2024 Sandhiya ... Petitioner Vs.

Vinoth Kumar ... Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer the HMOP No.5 of 2024 on the file of Subordinate Judge at Omalur to Subordinate Court at Hosur. For Petitioner :Ms.R.Poornima For Respondent : Mr.J.Sai Ram

ORDER

This Transfer Civil Miscellaneous Petition is at the instance of the wife. She seeks to withdraw and transfer the HMOP No.5 of 2024 on the file of the learned Subordinate Judge at Omalur to Subordinate Court at

Hosur.

2. The marriage between the petitioner and the respondent was solemnised on 04.12.2022 at Omalur. Due to disputes and differences, the parties have separated. The husband has initiated a proceeding for divorce before the Sub Court at Omalur in HMOP No.5 of 2024. The wife being a resident of Begapalli in Hosur Taluk of Krishnagiri District, has moved this transfer petition pleading that she is not in a position to travel from Hosur to Omalur, which is a distance of about 200 kms.

3. Notice was ordered in the transfer petition on 19.07.2024 and Mr.J.Sai Ram has entered appearance for the respondent.

4. I heard Ms.R.Poornima, for the petitioner and Mr.J.Sai Ram, for the respondent.

5. The husband seems to be employed in Bangalore. He has filed the proceedings in Omalur as that is his parental home and that is where the marriage has taken place. The wife pleads that she is unable to travel from Hosur to Omalur and that she is unemployed. Taking into consideration the interest of the wife, HMOP No. 5 of 2024, is

withdrawn from the Sub Court, Omalur and transferred to the Sub Court at Hosur.

6. Mr.J.Sai Ram, would plead that the wife and her relatives are capable of inflicting injuries on the respondent/husband. In case, any threat to life or limb is made out, it is open to the respondent/husband to approach the Sub Court, Hosur, for appropriate orders.

7. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

27.09.2024 Speaking / Non Speaking order Index : Yes / No ars To

1. The Sub Court, Omalur.

2. The Sub Court, Hosur.

V.LAKSHMINARAYANAN, J.

ars

27.09.2024