Madras High CourtTR CMP/735/2023allowed

S. Sangeetha @ Kalaivani v. R.Velu

2024-06-04Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.17769 of 2023 S.Sangeetha .. Petitioner Vs.

R.Velu .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.77 of 2022 on the file of the Sub Court at Cheyyar and transfer the same to the file of the Principal Sub Court at Kanchipuram to try along with O.P.No.17 of 2023.

For Petitioner : Mr.R.Anbalagan For Respondent : Served, No Appearance

ORDER

The petitioner and the respondent entered into a matrimony on 08.02.2021 at Kanchipuram. Thereafter, the petitioner and the respondent Page No 1 of 4

have separated.

2. The respondent/husband has initiated divorce proceedings in H.M.O.P.No.77 of 2022 on the file of the Sub Court at Cheyyar. The petitioner/wife has initiated divorce proceedings in H.M.O.P.No.17 of 2023 on the file of the Sub Court at Kanchipuram.

3. The petitioner/wife pleads that she is not in a position to attend the Court hearings at Cheyyar due to distance between Cheyyar and Kanchipuram, which is about 100 Kms to and fro.

4. Notice was ordered in this transfer petition. Though the respondent/husband has been served, he has not entered appearance nor he chooses to oppose this application.

5. Taking into consideration the interest of the wife and also the fact that there must not be a conflict of judgments, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No. 77 of 2022 pending on the file of the Sub Court at Cheyyar is withdrawn and it shall stand transferred to the file of the Sub Court at Kanchipuram to be heard and Page No 2 of 4

disposed of along with H.M.O.P.No.17 of 2023.

6. 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 Sub Court, Cheyyar 2.The Sub Court, Kanchipuram and C.M.P.No.17769 of 2023 04.06.2024 Page No 4 of 4