Madras High CourtTR CMP(MD)/10/2020disposed of

M.Menaga v. Sivanantham

2020-02-12Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P.(MD)No.10 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)No.10 of 2020 and C.M.P.(MD)No.319 of 2020 M.Menaga ... Petitioner / Respondent-wife Vs.

Sivanantham ... Respondent / Petitioner-Husband PRAYER: This Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case on the file of the Sub-Court, Devakottai in H.M.O.P.No.206 of 2019 and transfer the same to the learned Subordinate Judge, Pudukkottai.

For Petitioners : Mr.D.Rameshkunar For Respondent : Mr.D.Venkatesh

O R D E R

The petitioner / wife, who is facing proceeding for divorce at the instance of the husband on the ground of cruelty before the Sub Court, Devakottai in H.M.O.P.No.206 of 2019 seeks transfer of the same to the Sub Court, Pudukkottai solely on the ground of convenience, since she is a resident of Pudukkottai. 2.This request is strongly opposed by the learned counsel appearing for the respondent / husband contending that the distance between two places is only 65 kms and it will not be very difficult for the wife to conduct the proceeding at Sub Court, Devakottai, since her appearance for every hearing is not required. 3.Admittedly, the husband is a resident of Singapore, where he is said to be working.

If he comes to India for attending the Court proceeding, whether it is before the Sub Court, Devakottai or before the Sub Court, Pudukkottai, does not make a huge difference. Hence, considering the convenience of the wife, H.M.O.P.No.206 of 2019 is withdrawn from the file of the Sub Court, Devakottai and transferred to Sub Court, Pudukkottai. The Sub Court, Devakottai, is directed to transmit the papers in H.M.O.P.No.206 of 2019 to the Sub Court, Pudukkottai, forthwith.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD)No.10 of 2020 4.The Transfer Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) rj2 To 1.The Subordinate Judge, Devakottai.

2.The Subordinate Judge, Pudukkottai.

+1 CC to Mr.D.RAMESH KUMAR, Advocate ( SR-6044[F] dated 13/02/2020 ) +1 CC to Mr.D.VENKATESH, Advocate ( SR-6291[F] dated 14/02/2020 ) Tr.C.M.P.(MD)No.10 of 2020 12.02.2020 MK (24.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2