Madras High CourtTR CMP/792/2023disposed of

Uk Sowmya v. P.G. Satheesh

2023-12-15Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMIL SELVI TR CMP.No.792 of 2023 and CMP.No.19113 of 2023 UK Sowmiya ... Petitioner Vs.

P.G.Satheesh ... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of CPC to withdraw the H.M.O.P.No.39 of 2023 on the file of the learned Sub Court, Sathyamangalam and transfer the same to the file of the learned Sub Court, Tiruchengode.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.R.Elendevan Chandran Jeyabala

ORDER

The petitioner/wife seeks transfer of H.M.O.P.No.39 of 2023 pending on the file of the Subordinate Court, Sathvamangalam and to the Subordinate

Court, Tiruchengode. The petitioner /wife seeks transfer of the proceedings before the Subordinate Court, Tiruchengode on the ground that she is living at Kandachanallur, Tiruchengode Taluk in her parental home along with her 5 year male child, without any source of income and she is not able to attend the court hearings by travelling 200 kms from Kandachanallur to Sathyamangalam.

2. The learned counsel for the petitioner submitted that, the marriage between the respondent and the petitioner was solemnized on 04.03.2016 at Sri Thoravalur Chellandiamman Tirukkovil as per Hindu rites and customs. Due to matrimonial dispute the respondent has filed H.M.O.P.No.39 of 2023 on the file of the Subordinate Court, Sathyamangalam to dissolve the marriage. Now the petitioner is residing at Kandachanallur along with her child in her parental home without any source of income. Hence, she prays to transfer the H.M.O.P.No.39 of 2023 to the Subordinate Court, Tiruchengode.

3. Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the HMOP.No.39 of 2023 to the Subordinate Court, Tiruchengode.

4. In view of the above, H.M.O.P.No. 39 of 2023 is withdrawn from the file of the Subordinate Court, Sathyamangalam and transferred to the file of the Subordinate Court, Tiruchengode. The learned Subordinate Judge, Sathyamangalam is directed to send entire records to the learned Subordinate Judge, Tiruchengode, within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

6. However, the learned Subordinate Judge, Tiruchengod is directed to issue notice to the respondent and dispose of the case as early as possible. 15.12.2023 Index : Yes/No Speaking order / Non speaking order rri

T.V.THAMIL SELVI, J.

rri To

1. The Subordinate Judge, Sathyamangalam.

2. The Subordinate Judge, Tiruchengode.

3. The Section Officer, VR-Section, High Court of Madras.

TR CMP.No.792 of 2023 and CMP.No.19113 of 2023

15.12.2023