V.Gayathri v. P.Manivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.929 of 2023 and C.M.P.No.22221 of 2023 V.Gayathri ....

Petitioner -VsP.Manivel ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw the O.P.No.74 of 2022 pending on the file of Hon'ble Principal Sub Court, Villupuram and transfer the same to the file of Hon'ble Sub Court, Alandur.

For Petitioner : Mr.P.Sukumar For Respondent : No representation

O R D E R

This petition has been filed by the petitioner seeking to withdraw the O.P.No.74 of 2022 pending on the file of Hon'ble Principal Sub Court, Villupuram and transfer the same to the file of Hon'ble Sub Court, Alandur. 1/4

2. The learned counsel for the petitioner submitted that the petitioner was married with the respondent on 07.02.2020 He further submitted that the petitioner has been tortured at the hands of the respondent and his family members. Thereafter, the respondent filed a petition for divorce in HMOP.No.74 of 2022 on the file of the Principal Sub Court, Villupuram on the ground of cruelty making false allegations against this petitioner. He further submitted that the petitioner is residing at Alandur and it is very difficult for the petitioner to attend the court hearings at Villupuram. Hence, he prays to transfer the HMOP to the Sub Court, Alandur.

3.The Court records show that the notice issued by this Court was served on the respondent. Hence, as the respondent in not coming before this Court either in person or through a counsel, in spite of the service of notice, this Court is of the view that the respondent has no objection for allowing the Tr.C.M.P. in favour of the petitioner.

4. Considering the facts and circumstances of the case and also the fact that the petitioner is residing at Alandur along with her mother. Therefore, the 2/4

reasons stated by the petitioner and the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and the O.P.No.74 of 2022 pending on the file of the Principal Sub Court, Villupuram, is withdrawn and transferred to the file of the Sub Court, Alandur. Consequently, connected miscellaneous petition is closed. No costs.

17.11.2023 Index : Yes/No Internet : Yes/No msrm To 1.The Principal Sub Court, Villupuram.

2.The Sub Court, Alandur.

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T.V.THAMILSELVI, J.

msrm TR.CMP No.929 of 2023 and C.M.P.No.22221 of 2023 17.11.2023 4/4