Jothilakshmi v. Palanivel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.04.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA TR C.M.P.No.930 of 2022 and C.M.P.No.15982 of 2022 Jothilakshmi ... Petitioner Vs Palanivel ... Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the HMOP.No. 3 of 2015 pending before the Subordinate Judge, Sankari, Salem and transfer the same to the Subordinate Judge, Gobichettipalayam, Erode or any other Court of competent jurisdiction.
For Petitioner : Mr.J.Ranjithkumar For Respondent : Mr.B.Jawahar
O R D E R
This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the HMOP.No. 3 of 2015 pending on the file of the Subordinate Court, Sankari, Salem, which is filed by the respondent1/4
husband for divorce and to transfer the same to the Subordinate Court, Gobichettipalayam, Erode.
2. The petitioner-wife would submit that she is living with her parents in Gobichettipalayam, Erode along with her 16 year old daughter, who is studying in 12th Standard. She has to take care of her daughter who is going to write her final examinations. Further, she cannot travel all the way to Sankari for every hearing, as it would cause a financial burden on her. It is also very difficult for her to travel alone for more than 60 kms from Gobichettipalayam to Sankari to attend the hearings. Hence, she sought for transfer.
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3. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.
4. The learned counsel for the respondent-husband, on instructions, would submit that the respondent-husband has no objection to the transfer being ordered.
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5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.3 of 2015 pending on the file of the Subordinate Court, Sankari, Salem is withdrawn and transferred to the file of the Subordinate Court, Gobichettipalayam, Erode. No costs. Consequently, connected miscellaneous petition is closed. 03.04.2025 Index: Yes/No Speaking order/non-speaking order srn To, 1.The Subordinate Judge, Sankari,Salem 2.The Subordinate Judge, Gobichettipalayam , Erode. 3/4
P.T.ASHA, J., srn TR C.M.P.No.930 of 2022 and C.M.P.No.15982 of 2022 03.04.2025 4/4