T. Saranya v. S. Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP.No.29295 of 2024 T.Saranya ... Petitioner Vs.

S.Saravanan ... Respondent Prayer: The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, seeking to withdraw the H.M.O.P.No. 171 of 2024 on the file of the Sub Ordinate Court at Bhavani and transfer the same to the Sub Ordinate Court at Rasipuram. For Petitioner : Mr.V.Perumal For Respondent : No appearance

ORDER

Despite service of notice, the respondent/husband has neither appeared in person nor through counsel. Therefore, the respondent is called absent and set exparte.

2. Heard the learned counsel appearing for the petitioner/wife.

3. The petitioner seeks transfer of H.M.O.P. No. 171 of 2024 filed by the respondent before the Sub-Ordinate Court, Bhavani to the file of the SubOrdiante Court, Rasipuram.

4. The learned counsel appearing for the petitioner referring to the affidavit filed in support of the petition, submits that the petitioner has the responsibility of taking care of her minor female child and she lacks support to travel to Bhavani to attend the Court proceedings. She resides within the jurisdiction of the Sub- Ordinate Court, Rasipuram.

5. I have gone through the affidavit filed in support of the petition. The petitioner has assigned genuine and acceptable reasons for being unable to attend the hearings at Bhavani.

6. In view of the above, this Court is of the opinion that the petitioner has made out a case for transfer of the suit, as prayed for.

7. Accordingly, the Tr.C.M.P. No.1357 of 2024 is allowed and

H.M.O.P.No.171 of 2024 pending on the file of Sub-Ordinate Court, Bhavani is withdrawn and transferred to the file of the Sub-Ordinate Court, Rasipuram.

8. The Sub-Ordinate Court, Bhavani is directed to send the entire records relating to H.M.O.P.No.171 of 2024 to the file of Sub-Ordinate Court, Rasipuram forthwith.

9. The Sub-Ordinate Court, Rasipuram is directed to take up the H.M.O.P.No. 171 of 2024 and dispose of the same expeditiously, in a manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

15.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order nsl To

1. The Sub-Ordinate Court, Bhavani

2. The Sub-Ordinate Court, Rasipuram.

P.B.BALAJI, J.

nsl 15.07.2025