Jeralin Irudaya Mary v. Joseph Irudaya Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Tr.CMP.No.7 of 2016 and C.M.P.No.161 of 2016 Jeralin Irudaya Mary ... Petitioner vs Joseph Irudaya Raja ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw I.D.O.P.No.11 of 2015 pending on the file of learned District Judge, Principal District Court, Ariyalur and to transfer the same to the file of learned Principal District Court, Krishnagiri.

For Petitioner : Mr.N.Premkumar For Respondent : Mr.R.Bharath Kumar

O R D E R

Petitioner has filed the present petition seeking transfer of I.D.O.P.No.11 of 2015 pending on the file of learned Principal District Judge, Ariyalur to the file of learned Principal District Judge, Krishnagiri.

2. Learned counsel for petitioner submits that respondent/husband has filed I.D.O.P.No.11 of 2015 on the file of learned Principal District Judge, Ariyalur, seeking divorce. Submitting that the petitioner is residing at Krishnagiri, that she has to take care of five years child and that she having lost her parents, she and her child are under the care of her brother and hence, she finds it difficult to travel to Ariyalur to attend the hearing of the case, learned counsel prays for transfer.

3. Learned counsel for respondent submits that the respondent is working at Chennai and the transfer of https://hcservices.ecourts.gov.in/hcservices/

I.D.O.P.No.11 of 2015 would cause the respondent grave inconvenience.

4. Considering the rival submissions and the further position that the petitioner has to take care of a five year old child, this Court is of the view that the petition is to be allowed.

Accordingly, this Court directs transfer of I.D.O.P.No.11 of 2015 pending on the file of learned Principal District Judge, Ariyalur, to the file of learned Principal District Judge, Krishnagiri.

The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kkd To 1.The Principal District Judge, Ariyalur.

2.The Principal District Judge, Krishnagiri.

1 cc to M/s.N.Premkumar, Advocate, sr.33177 1 cc to M/s.R.Bharathkumar, Advocate, sr.33185 Tr.CMP.No.7 of 2016 and CMP.No.161 of 2016 ad co kra 13.07.2016 https://hcservices.ecourts.gov.in/hcservices/