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Madras High CourtTR CMP/1225/2022allowed

Aarthi v. S.Shiva

2023-03-14Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No.1225 of 2022 And C.M.P.No. 20878 of 2022 Aarthi ... Petitioner/Respondent Vs.

S.Shiva ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the case in H.M.O.P.No. 213 of 2022 pending on the file of Principal Sub Court, Kumbakonam and to transfer the same to the Sub Court, Chidambaram. *** For Petitioner : Mr. G.Pugazhenthi For Respondent : No appearance

O R D E R

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The petitioner/wife seeks transfer of H.M.O.P.No. 213 of 2022 on the file of Principal Sub Court, Kumbakonam to the file of Sub Court, Chidambaram.

2.

Transfer is sought for mainly on the ground of convenience since the wife is a resident of Kattumannarkoil Taluk, Cuddalore District.

3. Despite service, the respondent is not appearing either in person or through his counsel duly instructed.

4. From the papers, it is seen that the petitioner is a resident of Kattumannarkoil along with little child, aged about 5years and she is unable to travel to attend the case at Kumbakonam.

5. Considering the same, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No. 213 of 2022 is withdrawn from the file of 2/4

Principal Sub Court, Kumbakonam and transferred to the file of Sub Court, Chidamabram to be disposed of in accordance with law. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

6. The Principal Sub Court, Kumbakonam, is directed to send the entire records to the Sub Court, Chidambaram within a period of four weeks from the date of receipt of a copy of this order. 14.03.2022 vsg Index : No Internet : Yes/No Speaking order / Non-Speaking order Note: Issue order copy on 15.03.2023 To 1.

Principal Sub Court, Kumbakonam.

2.

Sub Court, Chidambaram.

T.V.THAMILSELVI , J.

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Tr.C.M.P.No.1225 of 2022 And C.M.P.No. 20878 of 2022 14.03.2023 4/4