Ramya v. Karthick

BEFORE THE MADURAI 9BENCH OF MADRAS HIGH COURT DATED : 09.08.2024 CORAM :

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.217 of 2024 and CMP(MD).No.4766 of 2024 Ramya ... Petitioner Vs.

Karthick ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the case on the file of the Subordinate Court, Aranthagi, in H.M.O.P.No.85 of 2023 and transfer the same to the Subordinate Court, Manapparai, Trichy District.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.S.Sathya Chidambaram 1/5

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in H.M.O.P.No.85 of 2023 on the file of the Subordinate Court, Aranthagi and transfer the same to the file of the Subordinate Court, Manapparai, Trichy District. 2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 20.11.2022 as per Hindu Rites and Customs. 3.The learned Counsel for the petitioner submits that due to mis-understanding between the petitioner and the respondent, the petitioner left the matrimonial home. Thereafter, the respondent filed H.M.O.P.No.85 of 2023, before the Subordinate Court, Aranthangi, for divorce. Now, the petitioner is residing in her parents house. The distance between Aranthangi and Manapparai is approximately 230 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend H.M.O.P.No.85 of 2023, before the Subordinate Court, Aranthangi. In the above circumstances, she filed the present 2/5

Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.85 of 2023, before the Subordinate Court, Aranthangi, to the file of the Subordinate Court, Manapparai, Trichy District.

4.The learned counsel for the respondent submits that the respondent has no objection for the transfer. But however, submits that the Subordinate Court, Manapparai, Trichy District, may be directed to dispose of the matter expeditiously.

5.Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent. 6.Considering the over-all facts and circumstances of the case and also considering the submission made by the respondent that he has no objection for transfer of case, this Court is inclined to allow this petition. 7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.85 of 2023 pending on the file of the Subordinate Court, Aranthangi, is hereby withdrawn and transferred to the file of Subordinate Court, Manapparai, Trichy District. The learned 3/5

Judge, Subordinate Court, Aranthangi, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.85 of 2023 to the transferee Court, within a period of 10 days from the date of receipt of a copy of this order. On such receipt, the learned Judge, Subordinate Court, Manapparai, Trichy District, is directed to take the case on file and dispose the same within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

09.08.2024 Internet : Yes / No Index : Yes / No jbr To

1. The Subordinate Court, Aranthangi.

2. The Subordinate Court, Manapparai, Trichy District.

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P. VADAMALAI, J.

jbr TR.CMP(MD).No.217 of 2024 and CMP(MD).No.4766 of 2024 09.08.2024 5/5