Sendhilkumar v. Vennila

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.1224 of 2023 & CMP.No.29198 of 2023 Sendhikumar ... Petitioner -VersusVennila ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the case in HMOP.No87 of 2023 which is pending on the file of the Subordinate Court, Athur, Salem District and transfer the same to the Subordinate Court, Rasipuram, Namakkal District. For Petitioner : Mr.M.Karthik For Respondent : Mr.S.Vivekanandh

ORDER

The respondent/wife is working as a Professor in Thiruvallur Government Arts College at Rasipuram. The proceeding in HMOP.No.87 of 2023 is pending at Attur. The husband is forced to travel 60 km to Attur at Salem from Rasipuram to conduct the case.

2. The learned counsel for the respondent/wife would submit that I should be persuaded only by the convenience of the wife, and she is residing in Pethanaickanpalayam, Salem District. Therefore, she wants the proceeding to be continued at Attur itself.

3. It is not in dispute that the respondent/wife is travelling to Rasipuram every day to attend her vocation. The petitioner/husband asserts that the wife is currently residing in Rasipuram.

4. Be that as it may, since the wife is working in Rasipuram, it will be in her interest that the proceeding be transferred to the Sub Court at Rasipuram. Accordingly, the proceeding in HMOP.No.87 of 2023 is withdrawn from the file of the Sub Court, Attur and is transferred to the file of the Sub Court at Rasipuram.

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

26.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The Subordinate Court, Athur, Salem District 2.The Subordinate Court, Rasipuram, Namakkal District

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.1224 of 2023 & CMP.No.29198 of 2023 26.04.2024