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Madras High CourtTR CMP/700/2021allowed

K.M.Bhuvaneshwari @ Chinna v. Velmurugan @ Surya

2022-04-12Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2022

CORAM

THE HON'BLE Ms.JUSTICE P.T.ASHA Tr.C.M.P.No.700 of 2021 and C.M.P.No.17322 of 2021 K.M.Bhuvaneshwari @ Chinna

...Petitioner

Vs Velmurugan @ Surya

...Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the Divorce Petition pending before the Subordinate Court, Perambalur in H.M.O.P.No.59 of 2018 along with set aside Petition in I.A.Sr.No.3477 of 2019 and transfer the same to the Subordinate Court, Hosur.

For Petitioner : Mr.P.Ezhil Nilavan For Respondent : Served - No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the Divorce Petition pending before the Subordinate Court, Perambalur in H.M.O.P.No.59 of 2018 along with the set aside Petition in I.A.Sr.No.3477 of 2019 and transfer the same to the Subordinate Court, Hosur.

2. The Transfer is sought for by the petitioner/wife on the ground that she is residing in her parents house in Hosur Taluk, Krishnagiri District. It is her grievance that she finds it very difficult to travel alone from Hosur to Perambalur. Further, the petitioner/wife is completely dependent on her aged mother and brother for survival. She has no financial resources to travel for about 284 Kms for each appearance and it will result in great hardship.

https://hcservices.ecourts.gov.in/hcservices/

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

The respondent, though served, has not entered appearance.

4. Considering the reasons given and the fact that the petitioner/wife is residing within the Jurisdiction of the Subordinate Court, Hosur, this Court is of the considered view that the request for transfer should be allowed.

5. Accordingly, the transfer Civil Miscellaneous Petition is allowed and the Divorce Petition in H.M.O.P.No.59 of 2018 along with set aside Petition in I.A.Sr.No.3477 of 2019 pending on the file of the Subordinate Court, Perambalur is withdrawn and transferred to the file of the Subordinate Court, Hosur. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssn To

1. The Subordinate Court, Perambalur.

2. The Subordinate Court, Hosur.

+1 CC to Mr.P.Ezhil Nilavan, advocate sr 25863. Tr.C.M.P.No.700 of 2021 and C.M.P.No.17322 of 2021 GPL(CO) SP(02/05/2022) https://hcservices.ecourts.gov.in/hcservices/