Kanimozhi, F/A 28 Yrs, v. Veeravel,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2016
CORAM:
THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.80 of 2015 and C.M.P(MD)No.1 of 2015 Kanimozhi ... Petitioner Vs.
Veeravel ... Respondent PRAYER:Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.145 of 2014 on the file of the Principal Sub Court, Thanjavur and the same may be transferred to the Principal Sub Court, Kumbakonam. For Petitioner : Mr.V.Achuthan For Respondent : Mr.C.Gangaiamaran
O R D E R
The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.146 of 2014 on the file of the Principal Sub Court, Thanjavur and transfer the same to the Principal Sub Court, Kumbakonam.
2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 07.02.2013. They were blessed with one male child in the wedlock. Due to dispute, the petitioner left the matrimonial home. Thereafter, the respondent / husband filed a petition in H.M.O.P.No.146 of 2014 before the Principal Sub Court, Thanjavur for divorce. The petitioner along with her child is now residing with her parents at Kumbakonam. The distance between Kumbakonam and Thanjavur is about 50 kms and it is very difficult for the petitioner to travel each and every hearing to attend the case in H.M.O.P.No.146 of 2014 on the file of the Principal Sub Court, Thanjavur. The petitioner is depending on her parents for her day to day expenses including travelling expenses.
She has also stated that it will not be difficult for the respondent / husband to attend the hearing at Kumbakonam. Therefore, she has come out with the present petition for transfer. 3.The learned counsel for the respondent has no objection in transferring the H.M.O.P.No.146 of 2014 from the file of the Principal Sub Court, Thanjavur to the file of the Principal Sub Court, Kumbakonam. He has also made an endorsement to that effect.
4.Considering the facts and circumstances of the case and recording the endorsement made by the learned counsel for the respondent for transfer the H.M.O.P.case, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.146 of 2014 on the file of Principal Sub Court, Thanjavur is hereby withdrawn and https://hcservices.ecourts.gov.in/hcservices/
transferred to the file of the Principal Sub Court, Kumbakonam, if the same is not yet disposed of. The learned Principal Sub Judge, Thanjavur, is directed to send the case bundles in H.M.O.P.No.146 of 2014 to the Principal Sub Court, Kumbakonam immediately. The Registry is directed to send back the papers that are pending before the Registry.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Principal Subordinate Judge, Thanjavur. 2.The Principal Subordinate Judge, Kumbakonam. Copy to:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai +One cc to Mr.K.M.Karunakaran, Advocate, SR.No.22325 nbj RL/5C/2P/SKS/RR/SARI/2/6/2016 Tr.C.M.P.(MD)No.80 of 2015 21/04/2016 https://hcservices.ecourts.gov.in/hcservices/