Nithya v. Prabakaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.2805 of 2024 Nithya ... Petitioner/Respondent Vs.

Prabakaran ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to pass an order withdrawing the case filed by the respondent in H.M.O.P.No.359 of 2023 pending on the file of the learned Principal Sub Court, Kumbakonam and transferring the same to the file of the learned Sub Court at Aruppukkottai where the petitioner is living.

For Petitioner : Mr.S.Anandha Rajagopal For Respondent : No Appearance

ORDER

This petition has been filed to withdraw the the case filed by the respondent in H.M.O.P.No.359 of 2023 pending on the file of the learned 1/4

Principal Sub Court, Kumbakonam and transferring the same to the file of the learned Sub Court at Aruppukkottai where the petitioner is living. 2.The facts in brief:

The marriage was solemnized between the parties on 21.08.2020. At the time of marriage the petitioner was given with sufficient sreethanas. But, the respondent demanded more dowry from the petitioner. Due to which trouble was arisen between them. Thereafter the respondent filed the above said HMOP proceedings. Now the petitioner is residing in Aruppukottai. Since the petitioner is unable to attend the above said proceedings, she seeks transfer of the same. 3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.359 of 2023 filed by the respondent on the file of the Principal Subordinate Judge, 2/4

Kumbakonam, is ordered to be withdrawn and transferred to the Subordinate Judge, Aruppukottai.

5.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 28.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Principal Subordinate Judge, Kumbakonam. 2.The Subordinate Judge, Aruppukottai.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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