Madras High CourtTR CMP/1145/2023allowed

M.Sharmila v. B.Balachandar

2024-06-19Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.27604 of 2023 M.Sharmila .. Petitioner Vs.

B.Balachandar .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.60 of 2023 on the file of the Sub Court at Polur, Tiruvannalamalai District and transfer the same to the file of the Sub Court at Ranipet.

For Petitioner : Ms.G.Gowsalya For Respondent : Ms.R.Premalatha, No Appearance

ORDER

The petitioner and the respondent were married as per Hindu rites and Page No 1 of 4

customs on 03.11.2019.

2. From the wedlock, a girl child was born on 17.06.2021. The child is now under the custody of the mother.

3. Due to differences, the parties are before the Court. The husband has initiated the proceeding in H.M.O.P.No.60 of 2023 on the file of the Sub Court at Polur, Thiruvannamalai District.

4. The wife is the permanent resident of Arcot in Ranipet District. She pleads physical inability to travel from Arcot to Polur along with a toddler. Therefore, she has moved this transfer petition.

5. Notice was ordered in this application on 12.12.2023 and the same was served to the respondent. The respondent has entered appearance through a counsel. But there is no appearance on behalf of the respondent on 11.06.2024, 12.06.2024 and even today i.e., on 19.06.2024.

6. Taking into consideration the distance that the petitioner/wife has to travel and also the fact that the petitioner is taking care of a toddler, who Page No 2 of 4

is aged about two and a half years as of today, I am inclined to allow this transfer petition. Hence, the proceeding in H.M.O.P.No.60 of 2023 pending on the file of the Sub Court at Polur, Tiruvannalamalai District is withdrawn and it shall stand transferred to the file of the Sub Court at Ranipet.

7. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed. 19.06.2024 mkn2 Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 To 1.The Sub Court at Polur, Tiruvannalamalai District 2.The Sub Court, Ranipet and C.M.P.No.27604 of 2023 19.06.2024 Page No 4 of 4