K. Sujatha v. Siva @ Bhuvaneshwaran A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2024

CORAM

THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and C.M.P. No. 16809 of 2024 K.Sujatha ... Petitioner / Respondent Vs.

Siva @ A.Bhuvaneshwaran ... Respondent / Petitioner PRAYER: Transfer Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the case in H.M.O.P. No. 64 of 2023 pending on the file of the Sub Court at Arani and transfer the same to the Family Court at Chennai.

For Petitioner :

Mr.K.Prasanthan For Respondent :

Mr.B.Jawahar 1/4

O R D E R

The petitioner married the respondent on 15.04.2022. Due to disputes and differences, the parties have separated. The husband has initiated the petition for divorce in HMOP No.64 of 2023 on the file of Sub Court at Arani.

2. The wife pleads that she is not in a position to appear before the Arani Court regularly as she is a resident of Chennai and residing with her ailing mother.

3. Taking into consideration the convenience of the wife, I am inclined to consider this transfer. Accordingly, the proceedings in HMOP No.64 of 2023 on the file of Sub Court at Arani is withdrawn and transferred to the file of Sub Court, Poonamallee.

4. The learned Subordinate Judge at Arani is requested to forthwith send the papers from Arani for transmission to the Court at Poonamallee.

5. The Sub Court at Poonamallee will not insist on the appearance of the husband for every hearing. He shall, however, appear when his appearance 2/4

is essential or when so directed by the Sub Court. During the other hearings, he may be represented through a counsel.

6. In the result, the Transfer Civil Miscellaneous Petition is ordered as above. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

27.09.2024 Index : Yes/No Speaking order : Yes/No NCC : Yes/No jv To

1. The Sub Judge, Arani

2. The Judge Sub Court, Poonamallee.

3/4

V.LAKSHMINARAYANAN, J.

, jv 27.09.2024 4/4