Gifta v. M.Saravana Pratap

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Gifta ... Petitioner Vs.

M.Saravana Pratap ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the case in SMOP No.32/2022 on the file of the Hon'ble District Court II at Kanchipuram and transfer the same to the Hon'ble Subordinate Court at Alandur.

For Petitioner : Mr.B.Leelesh Sundaram for M/s.Nathan Associates 1/4

O R D E R

The petitioner/wife seeks transfer of S.M.O.P.No.32 of 2022 pending on the file of District Court-II, Kanchipuram to Sub-Court, Alandur to be tried along with M.C.No.44 of 2023. The petitioner wife seeks transfer of the proceedings on the ground that she is living with two year old child and she is not able to travel from her place of residence to attend every hearings before District Court-II Kanchipuram.

2. Records perused. The reasons assigned by the petitioner wife is justifiable one and the fact that she is living with two year old child. However, she filed a maintenance case claiming for maintenance and the same is pending. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in S.M.O.P.No.32 of 2022 is withdrawn from the file of the District Court-II, Kanchipuram and transferred to the file of SubCourt, Alandur, to be tried along with M.C.No.44 of 2023 and the learned trial judge is directed to transfer the case to the Sub-Court, Alandur within a period of two weeks from the date of receipt of copy of this order. The learned Sub-Court, Alandur is also directed to take case on file within 2/4

period of one week from the date of receipt of papers and issue notice to the respondent as per manner known to law and thereafter, to dispose the case as early as possible. No costs. Consequently, connected civil miscellaneous petition is closed.

06.10.2023 Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To 1.The District Judge, District Court-II Kancheepuram.

2.The Subordinate Judge Sub Court, Alandur.

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T.V.THAMILSELVI, J.

rpp 06.10.2023 4/4