S Pavithradevi @ Ishwarya v. N.P. Shreehari @ Karthik

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.760 of 2023 and CMP No.18556 of 2023 S.Pavithradevi ....

Petitioner -VsN.P.Shreehari @ Karthik ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the H.M.O.P. No.792 of 2021 from the file of the Sub Court, Alandur, Kancheepuram, and to transfer the same to the Hon'ble Sub Court, Dharmapuri, to try along with H.M.O.P.No.8 of 2023.

For Petitioner : Mr.G.Murali For Respondent : Mr.N.Ganesh 1/4

O R D E R

This petition has been filed by the petitioner seeking to withdraw the H.M.O.P. No.792 of 2021 from the file of the Sub Court, Alandur, Kancheepuram, and to transfer the same to the Hon'ble Sub Court, Dharmapuri, to try along with H.M.O.P.No.8 of 2023.

2. The learned counsel for the petitioner submitted that the marriage between the petitioner and the respondent was solemnized on 06.03.2016. He further submitted that the petitioner has been tortured at the hands of the respondent and his family members. Thereafter, the respondent filed H.M.O.P. No.792 of 2021 seeking for restitution of conjugal rights, on the file of the Sub Court at Alandur, Kancheepuram making false allegations against the petitioner. He further submitted that the petitioner is residing at Pennakaran Taluk, Dharmapuri District, with her aged mother and it is very difficult for the petitioner to attend the court hearings at Sub Court at Alandur, Kancheepuram. Hence, he prays to transfer the H.M.O.P. 792 of 2021 to the Sub Court at Dharmapuri.

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3. The learned counsel for the respondent has raised objections in allowing the petition, stating that due to his family problems, the case may be transferred to any district nearby to the respondent's residence, instead of Sub Court Dharmapuri.

4. Considering the facts and circumstances of the case and also on hearing the submissions of both the sides, the present Tr.C.M.P. is disposed of and the H.M.O.P.No.792 of 2021, pending on the file of the Sub Court, Alandur, Kancheepuram, is withdrawn and transferred to the file of the Subordinate Court at Krishnagiri. Since the matter is of the year 2021, Subordinate Court, Krishnagiri, is directed to dispose of the same within a period of five months. No costs. Consequently, connected miscellaneous petition is closed. 21.12.2023 Index : Yes/No Internet : Yes/No sha To

1. Sub Court, Alandur, Kancheepuram.

2. Sub Court, Krishnagiri.

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T.V.THAMILSELVI, J.

sha TR.CMP No.760 of 2023 21.12.2023 4/4