C. Jayanthi v. Prithviraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10. 2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI & CMP No. 17393 of 2023 C.Jayanthi

...Petitioner

Vs.

M.Prithviraj ....Respondent PRAYER : This Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw and transfer the HMOP No. 97 of 2021 on the file of Sub Court, Sathur to Sub court, Poonamalle. For Petitioner : Mr.R.Kamaraj

ORDER

This petition has been filed to withdraw and transfer the HMOP No. 97 of 2021 on the file of Sub Court, Sathur to Sub court, Poonamalle.

2. The learned counsel for the petitioner submits that the petitioner is living with her three year old child in parents house at Avadi. The respondent filed divorce petition before the sub Court, Attur, which is more than 600 Kilometres from her house and it is very difficult to got to Sathur for every hearing along with her child, prays to allow this petition.

3. Considering the facts and circumstances of the case and also the fact that the respondent is not paid arrears of maintenance which ordered by the Court in I.A No. 2 of 2022. Hence, the respondent is directed to pay the arrears of maintenance on or before 16.11.2023. Further, the reason assigned by the petitioner is justifiable. Hence, the Sub court, Sathur, is directed to transfer HMOP No. 97 of 2021 to the Sub Court, Poonamallee. The sub Court, Poonamellee, shall take the case on file after issuing notice to the respondent.

4. In result, this petition is allowed. No Cost. Consequentially, connected miscellaneous petition is closed.

19.10.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The Sub Court, Sathur.

2. The Sub Court, Poonamallee & CMP No. 17393 of 2023 19.10.2023