Madras High CourtTR CMP(MD)/319/2015disposed of

Indhurani v. P.Paulpandian

2015-09-22Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.DEVADASS TR.CM.P.(MD) No.319 of 2015 and M.P.(MD) No.1 of 2015 Indhurani ... Petitioner / Respondent -vsP.Paulpandian ... Respondent / Petitioner PRAYER: Petition is filed, under Section 24 of the Code of Civil Procedure, to withdraw and transfer the case H.M.O.P.No.112 of 2015, on the file of Sub Court, Uthamapalayam, and to transfer the same to the file of Sub Court, Srivilliputtur.

For Petitioner : Mr.N.Pragalathan For Respondent : No appearance

O R D E R

This transfer petition is filed, under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.112 of 2015, from Sub Court, Uthamapalayam, and to transfer the same to Sub Court, Srivilliputtur.

2. Notice has been served on the respondent. But, neither he nor his counsel was present. In such circumstances, on perusing the materials on record, we shall dispose of this transfer petition.

3. Petitioner got married with the respondent on 30.04.2006 in Devaram in Theni District. Initially, they were happy couples. Thereafter, difference of opinion arose between them. He wants divorce. She wants reunion.

He filed H.M.O.P.No.112 of 2015, in the Sub Court, Uthamapalayam, for divorce. She filed M.C.No.11 of 2015, in the Chief Judicial Magistrate's Court, Srivilliputtur, for maintenance.

4. Now, petitioner is residing in Kothankulam Village in Rajapalayam Taluk, with the support of her parents. For her, Uthamapalayam is far away. To go to Uthamapalayam, she has to travel a lot. In the circumstances, she has valid ground for transfer.

5. In view of the foregoings, ordered as under: (i) H.M.O.P.No.112 of 2015, on the file of the Sub Court, Uthamapalayam, is transferred to the file of the Sub Court, Srivilliputtur.

(ii)The Sub Judge, Uthamapalayam, shall send the entire case-records to the Sub Court, Srivilliputtur, forthwith.

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6. Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To:

1.The Sub Judge, Uthamapalayam.

2.The Sub Judge, Srivilliputtur.

+1CC to Mr.K.Sudalaiyandi, Advocate, SR.No. 55989. TR.CM.P.(MD) No.319 of 2015 and M.P.(MD) No.1 of 2015 22.09.2015 AM/30.09.2015/SK.SKN/SAR-I/2P/4C https://hcservices.ecourts.gov.in/hcservices/