B. Ashwini Devi v. N. Bharath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.26951 of 2023 B.Ashwini Devi .. Petitioner Vs.

N.Bharath .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.313 of 2023 on the file of the Sub Court at Poonamallee, Thiruvallur District and transfer the same to the file of the Sub Court at Katpadi, Vellore District. For Petitioner : Mr.M.Sathish Kumar For Respondent : M/s.Nair P.Sridevi Pradeep

ORDER

The wife is the petitioner. The husband has initiated proceeding in H.M.O.P.No.313 of 2023 on the file of the Sub Court at Poonamallee.

2. The records, produced before this Court, would show that the Page No 1 of 3

petitioner is having health issues.

3. Taking into consideration the facts that the petitioner is suffering from severe back pain and she is not in a position to travel, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.313 of 2023 pending on the file of the Sub Court at Poonamallee is withdrawn and it shall stand transferred to the file of the Sub Court at Katpadi.

4. No prejudice will be caused to the husband as he can always engage a counsel and contest the proceeding at Katpadi.

5. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 03.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 2 of 3

V. LAKSHMINARAYANAN, J.

mkn2 To 1.The Sub Court at Poonamallee, Thiruvallur District 2.The Sub Court at Katpadi, Vellore District and C.M.P.No.26951 of 2023 03.06.2024 Page No 3 of 3