Sugasti v. Vinoth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.16850 of 2023 Sugasti .. Petitioner Vs.

Vinoth .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the entire proceedings in connection with H.M.O.P.No.85 of 2023 on the file of the Principal Sub Court at Mayiladuthurai and transfer the same to the file of the Family Court at Ariyalur.

For Petitioner : Mr.R.Sivaraman

ORDER

The petitioner has taken notice on the respondent. But the respondent refused to receive the summons. However, it is treated as sufficient service. Page No 1 of 4

2. The petitioner and the respondent have entered into a matrimony on 12.09.2022 at Kadalangudi. Thereafter, due to differences in their relationship, the parties were separated.

3. The respondent has initiated proceeding in H.M.O.P.No.85 of 2023 on the file of the learned Principal Subordinate Judge at Mayiladuthurai. The petitioner/wife is residing with her mother at Udayarpalayam. The father of the petitioner is working as a watchman at Chennai. She pleads her financial difficulty as well as inability to travel the distance of 130 Kms to and fro from Udayarpalayam to Mayiladuthurai.

4. Taking into consideration the convenience of the wife, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.85 of 2023 pending on the file of the learned Principal Subordinate Judge at Mayiladuthurai is withdrawn and it shall stand transferred to the file of the Sub Court at Jayankondam. Page No 2 of 4

5. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 04.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To 1.The learned Principal Subordinate Judge, Mayiladuthurai 2.The Sub Court, Jayankondam and C.M.P.No.16850 of 2023 04.06.2024 Page No 4 of 4