Madras High CourtTR CMP(MD)/76/2022dismissed

A.Krishnakumar v. R.Vanitha

2022-03-02Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Tr.C.M.P(MD).No.76 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI Tr.C.M.P(MD).No.76 of 2022 and C.M.P(MD)No.1677 of 2022 A.Krishnakumar

...Petitioner/Respondent

Vs.

R.Vanitha

...Respondent/Petitioner

PRAYER: Civil Revision Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the case in HMOP.No.2124 of 2021 on the file of the Subordinate Court, Alandur to Subordinate Court, Sankarankoil, Tenkasi District for disposal of the same on merits and in accordance with law.

For Petitioner : Mr.A.Dharani

O R D E R

This Civil Revision Petition has been filed to withdraw the HMOP.No.2124 of 2021 from the file of the Subordinate Court, Alandur and transfer the same to the file of the Subordinate Court, Sankarankoil, Tenkasi District for disposal.

2.The learned counsel for the petitioner submitted that H.M.O.P.No. 2124 of 2021 was filed by the respondent/wife, for divorce before the Subordinate Court, Alandur. Since the petitioner is residing at Tenkasi District and also the respondent/wife threatened him with dire consequences on numerous occasions, he is afraid to attend the said Court. Hence, he seeks transfer of the case.

3.Considering the nature of relief to be granted, issuance of notice to the respondents is dispensed with.

4.I have considered the rival submissions made by the learned counsel for the petitioner and perused the materials placed before this Court. Since the respondent/wife is residing at Neelangarai, Chennai and also she is working as police in Chennai, the petition in HMOP.No.2124 of 2021 cannot be transferred from the file of Subordinate Court, Alandur to the file of the Subordinate Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD).No.76 of 2022 Sankarankoil, Tenkasi District. If there is any intimidation by the respondent and her family, the petitioner may give a complaint before the higher official.

5.In view of above, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Subordinate Judge, Alandur.

2.The Subordinate Judge, Sankarankoil, Tenkasi District.

+1 CC to M/s.DHARANI, Advocate ( SR-9402[F] dated 02/03/2022 ) Tr.C.M.P(MD).No.76 of 2022 and C.M.P(MD)No.1677 of 2022 02.03.2022 RK(30/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2