Chitra v. Vivekanandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.673 of 2023 and C.M.P.No.16578 of 2023 Chitra ....

Petitioner -VsVivekanandan ....

Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw HMOP.No.29 of 2023 on the file of the Subordinate Judge of Virudhachalam, Cuddalore District and transfer the same to the Subordinate Judge of Attur, Salem District.

For Petitioner : Mr.M.Senthilkumar For Respondent : Mr.M.Suresh

O R D E R

This petition has been filed by the petitioner seeking to withdraw HMOP.No.29 of 2023 on the file of the Subordinate Judge of Virudhachalam, Cuddalore District and transfer the same to the Subordinate Judge of Attur, 1/4

Salem District.

2. The learned counsel for the petitioner submitted that the petitioner was married to the respondent on 15.09.2016 and they having one female child. Further, the respondent and his family members have tortured the petitioner and demanded additional dowry. Thereafter, the respondent filed a petition for divorce in HMOP.No.29 of 2023 on the file of the Subordinate Judge of Virudhachalam, Cuddalore District, on the ground of cruelty making false allegations against this petitioner. He further submitted that the petitioner is living with her parents at Attur and it is very difficult for the petitioner to attend the court hearings at Virudhachalam and she was unable to travel 300 kilometers along with her child. Hence, he prays to allow this petition. 3.The learned counsel for the respondent submitted that the respondent has raised formal objection to allow this petition.

4. Considering the facts and circumstances of the case and also the fact that the petitioner is living with her parents and she unable to attend the Court hearings. Therefore, the reasons stated by the petitioner and the same is 2/4

justifiable. Accordingly, the present Tr.C.M.P. is allowed and the HMOP.No,29 of 2023 pending on the file of the Subordinate Judge of Virudhachalam, is withdrawn and transferred to the file of the Subordinate Judge, Attur. Consequently, connected miscellaneous petition is closed. No costs.

5. The Subordinate Judge, Attur, is directed to issue notice to the respondent/husband, within a period of two weeks from the date of receipt of a copy of this order and proceed with the case as per manner known to law. 05.10.2023 Speaking / Non Speaking order Index :Yes/No msrm To 1.The Subordinate Court, Virudhachalam, Cuddalore District. 2.The Subordinate Court, Attur, Salem District. T.V.THAMILSELVI, J.

3/4

msrm TR.CMP No.673 of 2023 and C.M.P.No.16578 of 2023 05.10.2023 4/4