Durgadevi v. Navaneethakannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.CMP No.825 of 2023 and CMP.No.20084 of 2023 Durgadevi ... Petitioner -VersusNavaneethakanna ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. seeking to withdraw the petition in HMOP.No.104 of 2023 on the file of the Subordinate Court at Aruppukottai and transfer the same to the file of the Subordinate Court at Namakkal.

For Petitioner : Mr.T.L.Thirumalaisamy For Respondent : No appearance

ORDER

The petitioner and the respondent married on 23.02.2017. The husband had moved a petition for divorce in HMOP.No.104 of 2023 on the file of the Subordinate Court at Aruppukottai. After the petitioner/wife was turned out of

the matrimonial home, she moved to her parents' house at Namakkal. The distance between Aruppukottai and Namakkal, according to the petitioner, is around 250 km and she is unable to travel the said distance on account of the fact that she is taking care of a child from previous marriage.

2. Private notice was served on the respondent/husband in the transfer petition. The name of the respondent has been printed in the cause list. There is no appearance on behalf of the respondent nor is he present in person to oppose the application.

3. Taking into consideration the physical inability of the petitioner to travel from Aruppukottai to Namakkal, I am inclined to accept the transfer. Accordingly, HMOP.No.104 of 2023 is withdrawn from the file of the Subordinate Court at Aruppukottai and is transferred to the file of the Subordinate Court at Namakkal.

4. With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

11.06.2024 nl Index : Yes/No Speaking Order/Non-speaking order

: yes/No To 1.The Subordinate Court at Namakkal 2.The Subordinate Court at Aruppukottai

V.LAKSHMINARAYANAN, J.

nl 11.06.2024