Suganya v. M.Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023 CORAM :

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI TR.CMP No.940 of 2023 and C.M.P.No.22658 of 2023 Suganya ....

Petitioner -VsM.Manikandan ....

Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw HMOP.No.159 of 2023 from the file of the Hon'ble Principal Subordinate Court, Kumbakonam and transfer the same to the Subordinate Court, Tambaram.

For Petitioner : M/s.C.Shyaamala For Respondent : No appearance

O R D E R

This petition has been filed by the petitioner seeking to withdraw HMOP.No.159 of 2023 from the file of the Hon'ble Principal Subordinate Court, Kumbakonam and transfer the same to the Subordinate Court, Tambaram. 1/4

2. The learned counsel for the petitioner submitted that the marriage was solemnized between the petitioner and the respondent 06.03.2022. She further submitted that the respondent had harassed the petitioner at the hands of his family members. Thereafter, the respondent filed a petition for divorce in HMOP.No.159 of 2023 on the file of the Principal Sub ordinate Court, Kumbakonam, on making false allegations against this petitioner. He further submitted that the petitioner is residing in parents home and it is very difficult for the petitioner to attend the court hearings at Kumbakonam. She further submitted that at the time of filing, she was mentioned about transfer to Subordinate Court, Tambaram. Now, the petitioner is residing at Ambattur and the jurisdiction of Alandaur and she has represented the petition before the Sub Court, Alandur. Hence, she prays to transfer HMOP.No.159 of 2023 pending on the file of the Principal Sub ordinate Court, Kumbakonam to Sub Court, Alandur.

3. Notice was served to the respondent counsel and there is no objection to allow this petition.

4. Considering the facts and circumstances of the case and also the fact that the petitioner is living her aged parents and she unable to attend the court 2/4

hearing. Therefore, the reasons stated by the petitioner and the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and the HMOP.No,159 of 2023 pending on the file of the Principal Sub ordinate Court, Kumbakonam, is withdrawn and transferred to the file of the Sub Court, Alandur. Consequently, connected miscellaneous petition is closed. No costs.

5. The trial Judge, Sub Court, Alandur, is directed to issue notice to the respondent/husband, within a period of two weeks from the date of receipt of copy of this order and proceed with case as per manner known to law. 09.10.2023 Speaking / Non Speaking order Index :Yes/No msrm To 1.The Subordinate Court, Kumbakonam.

2.The Subordinate Court, Tambaram.

3. The Subordinate Court, Alandur.

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T.V.THAMILSELVI, J.

msrm TR.CMP No.940 of 2023 and C.M.P.No.22658 of 2023 09.10.2023 4/4