J. Kayalvizhi v. S. Ranathive

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.424 of 2023 J.Kayalvizhi ... Petitioner/ Respondent Vs.

S.Ranathive ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw H.M.O.P.No.141 of 2022 on the file of the Sub Court, Palani and transfer the same to the file of the Principal Subordinate Judge, Thanjavur.

For Petitioner : Mr.T.A.Punithan For Respondent : Mr.M.Mariappan 1/4

ORDER

The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.141 of 2022 pending on the file of the Sub Court, Palani to be transferred to the Principal Subordinate Court, Thanjavur.

2. According to the learned counsel appearing for the petitioner / wife, the petitioner / wife is an employee of a private college as Lecturer and hence, she is not in a position to travel to Sub Court, Palani, for every hearing.

3. However, the learned counsel appearing for the respondent / husband has filed a detailed counter disputing all the allegations found in this petition.

4. The allegations and the counter allegations are not relevant for deciding whether the case has to be heard at Palani or Thanjavur. 2/4

5. In view of the aforesaid facts, H.M.O.P.No.141 of 2022 pending on the file of Sub Court, Palani is hereby withdrawn and transferred to Principal Subordinate Court, Thanjavur.

6. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 24.02.2023 NCC : Yes / No Index : Yes / No Sm To 1.The Sub Court, Palani.

2.The Principal Subordinate Court, Thanjavur. 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR , J.

Sm Order made in 24.02.2023 4/4