Revathi v. Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI AND CMP NO. 29372 OF 2024 Revathi Petitioner(s) Vs Sathish Respondent(s) PRAYER This transfer civil miscellaneous petition has been filed u/s 24 of Code of Civil Procedure, 1908 seeking to withdraw and transfer the proceedings in HMOP.No.45 of 2024, on the file of the Learned Sub Court, Arni to learned Sub Court, Gingee.

For Petitioner(s):

H.Lucia Priyadarshini For Respondent(s):

No appearance

ORDER

This transfer civil miscellaneous petition has been filed seeking to withdraw and transfer the proceedings in HMOP.No.45 of 2024, on the file of

the Learned Sub Court, Arni to learned Sub Court, Gingee.

2. Heard Ms.H.Lucia Priyadarshini, learned counsel for the petitioner, who appeared before this Court through video conferencing.

3. Since the respondent has refused to receive notice sent in the above transfer civil miscellaneous proceedings, I am inclined to treat the refusal as proper service.

4. The learned counsel for the petitioner states that the respondent has initiated proceedings in HMOP.No.45 of 2024 before the Sub Court, Arani. The petitioner states that she is unable to travel more than 100 Kms to attend the proceedings before the Sub Court, Arni. The petitioner also apprehends that the respondent may harass her, since the respondent / husband and his family who are residing in Arni are men of power and muscle. Hence, the petitioner seeks transfer of proceedings to the file of Sub Court, Gingee.

5. Upon hearing the learned counsel for the petitioner and also after going through the affidavit filed in support of the application for transfer, I am satisfied with the reasons assigned by the petitioner seeking transfer as prayed for.

6. With the above observation, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 17-07-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes

P.B.BALAJI J.

RAP To

1. Sub Court, Arni

2. Sub Court, Gingee TR CMP No. 1361 of 17-07-2025