Madras High CourtTR CMP/709/2023allowed

Senbagavalli v. Karthikeyan

2024-02-20Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Tr CMP.No.709 of 2023 and CMP.No.17283 of 2023 Senbagavalli ... Petitioner Vs Karthikeyan ... Respondent PRAYER : This Transfer Civil Miscellaneous Petition has been filed under Section 24 of Civil Procedure Code to withdraw the HMOP No.59/2023 from the file of the Subordinate Judge, Perundurai and transfer the same to the Subordinate Judge, Tiruchengode.

For Petitioner ... Mr. Nagendra Prasath For Respondent ... No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the HMOP No.59/2023 from the file of the Subordinate Judge,

Perundurai and transfer the same to the Subordinate Judge, Tiruchengode.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnised on 11.06.2015. Since, the relationship between the couples went bitter, the petitioner left the matrimonial home and filed a Domestic Violence petition in D.V.No.14 of 2021 before the Judicial Magistrate Court, Tiruchengode. The respondent filed H.M.O.P.No.59 of 2023 for restitution of conjugal rights before the Subordinate Judge, Perundurai.

3. The learned counsel would further submit that the petitioner is having 7 years old boy child and she is staying with her parents at Chennimalai and that the petitioner finds it very difficult to travel to Perundurai for each and every hearing and therefore filed the present petition, seeking for transfer of HMOP No.59 of 2023 pending on the file of Subordinate Court, Perundurai to the file of Subordinate Court, Tiruchengode.

4. As per the records maintained by the registry, notice was served on

the respondent, but the respondent has not chosen to engage any counsel or appear before this Court.

5. In view of the submission made by the learned counsel for the petitioner and also considering the fact that the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the case, as prayed for in the petition.

6. Accordingly, H.M.O.P.No.59/2023 is hereby directed to be withdrawn from the file of the Subordinate Court, Perundurai and transfer to the Subordinate Court at Tiruchengode. The Subordinate Judge, Perundurai is directed to send the entire records to the Sub Court, Tiruchengode within a period of two weeks from the date of receipt of a copy of this order and on receiving the same, the learned Subordinate Judge, Tiruchengode is directed to issue notice to both parties and thereafter, dispose of the case on merits as early as possible.

7. With the above direction, the Transfer Civil Miscellaneous Petition

is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 20.02.2024 Internet : Yes/No dpq To 1.The Subordinate Court, Perundurai.

2.The Subordinate Court, Tiruchengode.

V. SIVAGNANAM, J.

dpq Tr CMP.No.709 of 2023 20.02.2024