T.R.Sharmila v. P.B.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.23434 of 2024 T.R.Sharmila .. Petitioner Vs.

P.B.Balaji .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.650 of 2024 from the file of the Subordinate Court at Alandur and transfer the same to the file of the Subordinate Court at Paramakudi. For Petitioner : Mr.K.A.Vimal Kumar For Respondent : Mr.P.Arumugam 1/4

ORDER

Heard Mr.K.A.Vimal Kumar for the petitioner and Mr.P.Arumugam for the respondent.

2. This Transfer Civil Miscellaneous Petition is at the instance of the wife. She married the respondent on 02.11.2017. From the wedlock, a child was born who is aged about six years. The husband has initiated H.M.O.P.No.650 of 2024 on the file of the Subordinate Court at Alandur. The wife, who is a permanent resident of Paramakudi in Ramanathapuram District, pleads that she is unable to travel from Paramakudi to Chennai in order to defend the said proceedings.

3. Taking into consideration the inconvenience that is being caused to the wife on account of the pendency of the proceedings before the Court at Chennai and since it would take an overnight journey from Paramakudi to Alandur, I am inclined to accept the transfer. Accordingly, 2/4

the proceedings in H.M.O.P.No.650 of 2024 on the file of the Subordinate Court at Alandur is withdrawn and transferred to the file of the Subordinate Court at Paramakudi.

4. At this stage, Mr.P.Arumugam states that in case he travels to Paramakudi for every hearing, he would be put to prejudice and also face threat from the petitioner/wife. As the proceedings have been transferred to a Subordinate Court, the necessity for him to be present for every hearing does not arise. He can always contest the proceedings with the assistance of a lawyer. He shall present himself only when his appearance is essential.

5. With the above observations, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected miscellaneous petition is closed. No costs.

23.10.2024 Index:Yes/No Internet:Yes/No 3/4

kj V.LAKSHMINARAYANAN,J.

Kj To

1. The Subordinate Judge at Paramakudi.

2. The Subordinate Judge at Alandur.

and C.M.P.No.23434 of 2024 23.10.2024 4/4