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Madras High CourtTR CMP/1234/2023allowed

S.Srinithi v. A.Adiswaran @ Adiswaran Marthandan

2024-04-29Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.29358 of 2023 S.Srinithi ...

Petitioner Vs A.Adiswaran @ Adiswaran Marthandan ... Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw and transfer the H.M.O.P.No.161 of 2023 filed before the Hon'ble Principal Sub Court at Ponneri to the Hon'ble Principal Subordinate Court at Alandur.

For Petitioner : Mr.D.Saikumaran For Respondent : Mr.K.Subburam

O R D E R

This transfer petition seeks to withdraw H.M.O.P.No.161 of 2023 from the file of the Principal Subordinate Court at Ponneri and to transfer it to the file of the Principal Subordinate Court at Alandur.

2. Notice was issued to the respondent on 05.01.2024. It has been 1/4

served and the respondent has entered appearance through Mr.K.Subburam. The respondent/husband has no objection to transfer the H.M.O.P.No.161 of 2023.

3. Apart from that, taking into consideration the fact that the distance from Medavakkam to Ponneri is considerable, I am inclined to transfer it to a place closer to the petitioner's residence basing it on the principle that the convenience of the wife is given importance more than that of the husband.

4. In the light of the no objection given by the husband and since the Subordinate Court at Alandur is closer to the wife than Subordinate Court at Ponneri, and that there being no direct means of transport from Medavakkam to Ponneri. H.M.O.P.No.161 of 2023 is withdrawn from the file of the Principal Sub Court at Ponneri and is transferred to the Sub Court at Alandur.

5. In fine, the Tr.C.M.P. is allowed. No costs. Consequently, 2/4

connected miscellaneous petition is closed.

29.04.2024 Index : Yes/No Sgl To 1.The Principal Subordinate Court, Ponneri.

2.The Principal Subordinate Court, Alandur.

3/4

V. LAKSHMINARAYANAN, J.

Sgl 29.04.2024 4/4