M. Mohana v. K. Bharath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.18120 of 2023 M.Mohana .. Petitioner Vs.

K.Bharath .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.P.No.14 of 2023 on the file of the Family Court at Tiruvannamalai and transfer the same to the file of the Sub Court at Poonamallee. For Petitioner : Mr.Vignesh Perumal For Respondent : Mr.S.Thiruvengadam

ORDER

The petitioner is the wife. The petitioner and the respondent entered into matrimony on 04.12.2020 at Tiruvannamalai. Subsequently, due to differences that have arisen between them, the husband has initiated proceeding in O.P.No.14 of 2023 on the file of the Family Court at Page No 1 of 4

Tiruvannamalai.

2. The petitioner/wife states that she is unable to contest this divorce proceeding at Tiruvannamalai because she is having difficulties in traveling from Thiruverkadu to Tiruvannamalai. Apart from the physical strain of travel, she also pleaded that she has financial issues, as travelling to Tiruvannamalai requires her to stay there overnight in order to attend the Court hearings. Hence, on these two grounds, she seeks transfer of proceeding to the file of the Sub Court at Poonamallee.

3. Notice was ordered in the transfer petition and Mr.S.Thiruvengadam entered appearance on behalf of the respondent/husband.

4. Mr.S.Thiruvengadam would state that both the husband and wife are currently employed and if the proceeding is transferred to the file of the Sub Court at Poonamallee, the husband will be put to prejudice as it would affect his employment.

5. Taking into consideration the submissions made by the learned Page No 2 of 4

counsel for the petitioner as well as the learned counsel for the respondent, I am inclined to accept this transfer petition. Hence, the proceeding in O.P.No.14 of 2023 pending on the file of the Family Court at Tiruvannamalai is withdrawn and it shall stand transferred to the file of the Sub Court at Ambattur, which is equidistant for the petitioner from the Courts at Poonamallee.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 05.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No V. LAKSHMINARAYANAN, J.

mkn2 Page No 3 of 4

To 1.The Family Court, Tiruvannamalai 2.The Sub Court, Ambattur and C.M.P.No.18120 of 2023 05.06.2024 Page No 4 of 4