P. Tamilarasi v. K. Prabakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.1146 of 2022 & CMP No. 19512 of 2022 P.Tamilarasi ....

Petitioner -VsK.Prabakaran ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw and transfer the divorce petition in H.M.O.P No.1 of 2022, pending on the file of the Sub- Judge at Attur, Salem District, to be heard and tried at Sub Court at Alandur, Chengalpattu District.

For Petitioner : Mr.R.Veeramani For Respondent : Not appeared

O R D E R

This petition has been filed to withdraw and transfer the divorce petition in H.M.O.P No.1 of 2022, pending on the file of the Sub- Judge at Attur, Salem District, to Sub Court, Alandur, Chengalpattu District. 1/4

2. Heard the learned counsel for the petitioner and there is no representation on the brhalf of the respondent.

3. It is seen from the records that the respondent filed H.M.O.P No. 1 of 2022, on the file of the Principal Sub Judge, Attur, for divorce and the petitioner also filed counter. Now, the petitioner lived in Chennai with her 5 year son along with aged mother. Further the distance between Chennai to Attur is nearly about 582 Kms.

4. Considering the distance between the petitioner's house and the Court, and also the fact that the petitioner is living with 5 year old child and her old mother. Hence, this Court is inclined to transfer the H.M.O.P No. 1 of 2022 pending on the file of the Sub- Judge, Attur, Salem District, to Sub Court, Alandur, Chengalpattu District.

5. Accordingly, the present Tr.C.M.P. is allowed and the H.M.O.P.No.1 of 2022 pending on the file of the Sub- Judge, Attur, Salem District, is withdrawn and transferred to the file of the Sub Court, Alandur, Chengalpattu District. Further, the Sub Judge, Attur, is directed to transfer the records in connection 2/4

with H.M.O.P No. 1 of 2022, to the Sub Court, Alandur, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed.

06.03.2023 Index : Yes/No Internet : Yes/No pbl To 1.The Subordinate Judge, Attur.

2.The Subordinate Judge, Alandur.

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T.V.THAMILSELVI, J.

pbl TR.CMP.No.1146 of 2022 & CMP No. 19512 of 2022 06.03.2023 4/4