Madras High CourtTR CMP(MD)/131/2020allowed

P.Hemalatha v. S.Sasikumar

2020-09-14Honourable Mr Justice N. Seshasayee2 pages

Tr.C.M.P(MD)No.131 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Tr.C.M.P.(MD) No.131 of 2020 and C.M.P No. 2593 of 2020 P.Hemalatha ... Petitioner/Respondent -vsS.Sasikumar ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the petition in H.M.O.P.No.136 of 2019 on the file of the Subordinate Court, Tiruchendur and transfer the same to the Subordiante Court at Kancheepuram.

For Petitioner : Mr.R.Sivakumar For Respondent : Mr.C.Christopher

O R D E R

This petition was filed seeking transfer of H.M.O.P.136 of 2019 now pending on the file of the Subordinate Court, Tiruchendur to the file of Subordinate Court, Kancheepuram. The respondent herein is the husband of the petitioner and he has filed H.M.O.P.No.136 of 2019 before the Sub Court, Tiruchendur for dissolution of marriage held on 06.05.2011. The petitioner is now working in Kancheepuram and hence she seeks transfer of the matter from the Sub Court, Tiruchendur to the file of the Sub Court, Kancheepuram.

2. Heard the learned counsel for the respondent.

3. The learned counsel for the respondent submitted that the petitioner/wife of the respondent has abandoned the child through her mangalsuthra and walked away from the matrimonial home. To a pointed question of the court as to where the respondent is now working, the learned counsel submitted that he is working in Coimbatore.

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

Tr.C.M.P(MD)No.131 of 2020

4. If the case is conducted in Tiruchendur Court, it appears that both have to travel a certain distance. Taking all the factors into consideration, this Court deems it appropriate to transfer the case to the file of the Subordinate court, Kanchipuram.

5. In view of the above, this Transfer Civil Miscellaneous Petition is allowed. Accordingly, H.M.O.P .136 of 2019 now pending on the file of the Subordinate Court, Tiruchendur is directed to be withdrawn from the said court and transferred to the file of the Additional Subordinate Court, Kancheepuram. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1.The Subordinate Judge Tiruchendur.

2.The Subordinate Judge Kanchipuram.

Order made in Tr.C.M.P.(MD) No.131 of 2020 and C.M.P No. 2593 of 2020 Dated:

14.09.2020 CM/Ta SDS (22.09.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/