A.Krishnakumar v. R.Vanitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.P.No.26286 of 2024 A.Krishnakumar

...Petitioner

Vs R.Vanitha

...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw the petition in H.M.O.P No.2124 of 2021 on the file of Sub Court, Alandur, Chengalpattu and transfer the same to the file of the Sub Court, Kovilpatti, Thoothukudi District.

For Petitioner : Mr.Devaraj Mahesh For Respondent : Mr.M.Mathan Raj

ORDER

This is the second of the Transfer Civil Miscellaneous Petitions that has been filed by the petitioner. In earlier Transfer C.M.P in Tr.C.M.P.No.76 of 2022 was filed by the petitioner herein to transfer 1/4

H.M.O.P.No.2124 of 2021 from the Sub Court, Alandur to the Sub Court at Tenkasi, which was dismissed by the Court on 02.03.2022 and in paragraph No.4, the learned Judge has observed as follows:- 4.I have considered the rival submissions made by the learned counsel for the petitioner and perused the materials place before this Court. Since the respondent/wife is residing at Neelangarai, Chennai and also she is working as police in Chennai, the petition in H.M.O.P.No.2124 of 2021 cannot be transferred from the file of Subordinate Court, Alandur to the file of the Subordinate Court, Sankaranoil, Tenkasi District. If there is any intimidation by the respondent and her family, the petitioner may give a complaint before the higher official.

2.Making the very same allegation the present petition is filed, however by seeking transfer to the Sub Court at Kovilpatti. Therefore, considering the earlier order the Transfer Civil Miscellaneous Petition is dismissed. The Transfer Civil Miscellaneous Petition is filed when the matter is posted for the respondent's evidence and thereafter, no further progress was made in the proceedings.

3.It is informed that I.A.No.1 of 2024 filed by the husband seeking 2/4

return of articles given at the time of marriage is pending disposal. Therefore, directions are issued to the Sub Court, Alandur, Chengalpattu, to dispose of both the petitions simultaneously within a period four months from the date of receipt of copy of this order. 4.The Transfer Civil Miscellaneous Petition is dismissed with the above observation. No costs. Consequently, connected miscellaneous petition is closed.

28.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The Sub Court, Alandur, Chengalpattu.

2.The Sub Court, Kovilpatti, Thoothukudi District. 3/4

P.T.ASHA , J, ep C.M.P.No.26286 of 2024 28.02.2025 4/4