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Madras High CourtTR CMP/792/2021allowed

Senkani v. Mohanraj

2022-01-06Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.No.792 of 2021 Senkani ... Petitioner Vs.

Mohanraj ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw and transfer the petition in H.M.O.P.No. 78 of 2021 pending on the file of the Sub Court at Thiruvarur to Sub Court in Kallakurichi. For Petitioner : Mr.V.Gunasekar For Respondent : Mr. K.Pragadeesh Kumar

O R D E R

The petitioner/wife seeks transfer of H.M.O.P.No. 78 of 2021 on the file of Sub-Court, Thiruvarur to the file of Sub Court, Kallakurichi.

2.

Transfer is sought for mainly on the ground of convenience. The wife is a resident of Kallkurichi and the husband is a resident of Vilamal Village in Thiruvarur Taluk and District. The husband has initiated proceedings seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act.

3. While the wife would claim that she cannot travel from Kallakurichi to Thiruvarur, Mr. K.Pragadeesh Kumar, learned counsel appearing for the respondent/husband would submit that the husband has undergone heart surgery in the year 2010 and he has been advised against travelling. The proceedings are now pending only before a Sub Court which does not require appearance of parties for every hearing. The parties can be represented by counsels and they can appear only for essential hearings.

4. However, considering the convenience of both the parties, H.M.O.P.No. 78 of 2021 pending on the file of Sub https://hcservices.ecourts.gov.in/hcservices/

Court, Kallakurichi is withdrawn and transferred to the file of Sub Court, Ulundurpet.

5.

With the above direction, this Transfer Civil Miscellaneous Petition is allowed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar vsg To 1.

Sub Court, Thiruvarur.

2.

Sub Court, Ulundurpet.

+1cc to Mr.V.Gunasekar, Advocate SR.No.1279 Tr.C.M.P.No.792 of 2021 MT(CO) GMY(31/01/2022) https://hcservices.ecourts.gov.in/hcservices/