Anbarasi v. Karthik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.17682 of 2023 Anbarasi

...Petitioner

Vs Karthik

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the H.M.O.P.No.12 of 2023 on the file of the Sub Court, Lalgudi, Tiruchirapalli District and transfer the same to Sub Court, Gudalur , The Nilgiris District and pass such further order or other as this Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : Mr.Rajkumar S For Respondent : Mr.T.Vadivelan 1/4

ORDER

The respondent wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.12 of 2023 pending on the file of Sub Court, Lalgudi, Tiruchirapalli District, to the file of the Sub Court at Gudalur.

2.Heard the counsels on either side and perused the records. 3.It appears that the petitioner has filed a domestic violence complaint in D.V.No.9 of 2022 on the file of the Judicial Magistrate, Pandalur. After the filing of the D.V.C. Proceedings the respondent has filed a petition for divorce in H.M.O.P.No.12 of 2023 before the Sub Court at Lalgudi, Tiruchirapalli District. The petitioner is residing in the Nilgiris and her one and half year old son is with her. In order to attend the hearings in H.M.O.P.No.12 of 2023 pending before the Sub Court, Lalgudi, Tiruchirapalli District, she would have to undertake a travel of over 750 kilometres. The suit is sought to be transferred to the Sub Court, Gudalur, where the respondent is not expected to be present for each hearing. Therefore, considering the fact that the petitioner has minor child who is hardly one and half years old in 2023 now nearing the 2/4

three years old which would make it very difficult for her to travel leaving behind her child it would be appropriate to transfer the said H.M.O.P.No.12 of 2023 to the file of the Sub Court, Gudalur. Therefore, Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.12 of 2023 pending on the file of Sub Court, Lalgudi, Tiruchirapalli District, is transferred to the file of the Sub Court at Gudalur. No costs. Consequently, connected miscellaneous petition is closed. 27.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Sub Court, Lalgudi, Tiruchirapalli District. 2.The Sub Court, Gudalur , The Nilgiris District. 3/4

P.T.ASHA , J, ep C.M.P.No.17682 of 2023 27.02.2025 4/4