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Madras High CourtTR CMP/1088/2023allowed

Periyanayaki @ Santhi v. Palaniraj

2024-04-22Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.1088 of 2023 & C.M.P.No.26029 of 2023 Periyanayaki @ Santhi ... Petitioner -VersusPalaniraj ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer HMOP.No.321 of 2021 on the file of the Principal Subordinate Court, Mayiladuthurai to the file of the Subordinate Court, Chidambaram.

For Petitioner : Mr.M.Ragul Kousik For Respondent : Mr.T.Balaji

ORDER

The petitioner and the respondent got married on 19.03.2010. From the marriage, a girl child was born, who is now 13 years old. The husband has moved HMOP.No.321 of 2021 on the file of the Principal Sub Court at Myiladuthurai.

2. The petitioner/wife is a resident of Chidambaram. Just before filing the petition, the petitioner/wife has been diagnosed with Acute Pulmonary Oedema and Antiphospholipid Syndrome. Therefore, it will not be conducive for the petitioner to travel from Chidambaram to Myiladuthurai to contest the case for every hearing.

3. Taking into consideration the medical condition of the wife, I am inclined to allow this petition.

4. Accordingly, HMOP.No.321 of 2021 is withdrawn from the file of the Principal Subordinate Court at Mayiladuthurai and is transferred to the file of the Subordinate Court, Chidambaram.

5. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

22.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The Principal Subordinate Court, Mayiladuthurai 2.The Subordinate Court, Chidambaram

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.1088 of 2023 & C.M.P.No.26029 of 2023 22.04.2024