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Madras High CourtTR CMP/1241/2023allowed

B. Vaishnavi v. T.M. Selvakumar

2024-06-03Honourable Mr Justice V. Lakshminarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN TR.CMP No.1241 of 2023 and C.M.P.No.29564 of 2023 B.Vaishnavi ....

Petitioner -VsT.M.Selvakumar ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw HMOP No.458 of 2020 on the file of Sub Court, Poonamallee and transfer the same to the Sub Court, Ambattur.

For Petitioner : Mr.S.Saravanan For Respondent : Ms.G.A.Girija Venkataraman

O R D E R

The petitioner is the wife. She is a permanent resident of Ayappakkam, Chennai. The respondent husband has initiated H.M.O.P.No.458 of 2020 on the file of the Sub-Court, Poonamallee because he is a permanent resident of Thirumazhisai, which is closer to Poonamallee than Ambattur. From the wedlock, a child was born and the female child is aged about 6 years today. The child is in the custody of the petitioner/wife.

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2. Mr.S.Saravanan appearing for the petitioner would submit that the wife has initiated M.C.No.76 of 2023 seeking maintenance before the Judicial Magistrate Court at Ambattur.

3. Taking into consideration the difficulties expressed by the wife to travel from Ayappakkam to Poonamallee since she feels that Ambattur is closer to her than Poonamallee, and also the fact that the proceedings are already pending before the Judicial Magistrate Court at Ambattur, I am inclined to consider the transfer petition.

4. Accordingly, the proceedings in H.M.O.P.No.458 of 2020 is withdrawn from the file of the Sub-Court, Poonamallee and transferred to the file of the Sub-Court, Ambattur. The Tr.C.M.P. stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

03.06.2024 Index : Yes/No 1/2 KST To 1.The Subordinate Court, Poonamallee.

2.The Subordinate Court, Ambattur.

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V. LAKSHMINARAYANAN, J.

KST TR.CMP No.1241 of 2023 03.06.2024 3 / 3