← Library
Madras High CourtTR CMP/1160/2024allowed

Kavitha Bharathiyar v. R. Gowshik

2025-06-16Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and C.M.P.No.23817 of 2024 Mrs. Kavitha Bharathiyar ... Petitioner

Versus

R. Gowshik ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure to withdraw the H.M.O.P.No.659 of 2023 pending on the file of the Sub-Court, Ambattur and transfer it to the file of the Sub-Court, Coonoor.

For Petitioner : Mr. R. Gokulakrishnan For Respondent : No appearance

ORDER

The petitioner/wife seeks transfer of H.M.O.P.No.659 of 2023 on the file of the Sub-Court, Ambattur to the file of the Sub-Court, Coonoor. Page No.1 of 4

2. Despite service of notice on the respondent, the respondent has not chosen to enter appearance either in person or through counsel. The name of the respondent is also printed in today's cause list. The respondent is called and set ex-parte. I have proceeded to hear the learned counsel for the petitioner.

3. Learned counsel for the petitioner would submit that the petitioner/wife residing at Coonoor, and will find it very difficult to travel all the way especially in view of the fact that she has a 2 year child to be take care of by her. Therefore, he sought to transfer the H.M.O.P.No.659 of 2023 from the file of Sub Court, Ambattur to the file of Sub-Court, Coonoor.

4. I find merit in the inconvenience set out by the petitioner seeking transfer.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed, and the case in H.M.O.P.No.659 of 2023 is hereby withdrawn from the file of the Sub Court, Ambattur and transferred it to the file of Page No.2 of 4

the Sub-Court, Coonoor. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is also closed. 16.06.2025 Index : Yes / No Speaking order / Non-speaking order klt To 1.The Sub Court, Ambattur.

2.The Sub-Court, Coonoor.

Page No.3 of 4

P.B. BALAJI , J.

klt and C.M.P. No.25275 of 2024 16.06.2025 Page No.4 of 4