N.Gunasundari v. Ramajayam.R

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.951 of 2023 & CMP.No.22922 of 2023 N.Gunasundari ... Petitioner -VersusRamajayam R ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the HMOP.No.369 of 2022 pending on the file of the Sub Court, Alandhur and transfer to Sub Court, Sirkazhi. For Petitioner : Mr.Om Sai Ram For Respondent : Mr.R.Rangarajan

ORDER

The petitioner before me is the wife. She seeks to transfer HMOP.No.369 of 2022 now pending on the file of the Sub Court at Alandhur to the file of the Sub Court at Sirkazhi.

2. The petitioner and the respondent were married on 08.07.2019 at Kottivakkam, within the territorial jurisdiction of the court at Alandhur. Subsequently, the parties have fallen out, which constrained the husband to approach the Sub Court at Alandhur in HMOP.No.369 of 2022.

3. A perusal of the plaint shows that the wife is a permanent resident of Pudhur, Sirkazhi Taluk in Nagapattinam District. The distance between Alandhur and Pudhur is said to be about 400 km.

4. The wife, who is presently staying at her parents house at Sirkazhi, pleads her inability to contest the proceedings.

5. Though the respondent/husband has been served and has engaged a counsel, there has been no appearance on his behalf on 26.04.2024 and today i.e., 29.04.2024.

6. Taking into consideration the difficulties expressed by the wife to travel to Alandhur from Sirkazhi in order to contest the suit, I am inclined to

allow this transfer proceeding. Accordingly, the proceeding in HMOP.No.369 of 2022 is withdrawn from the file of the Sub Court at Alandhur and is transferred to the file of the Sub Court, Sirkazhi.

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

29.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Sub Court, Alandhur 2.The Sub Court, Sirkazhi

V.LAKSHMINARAYANAN, J.

nl 29.04.2024