Madras High CourtTR CMP(MD)/170/2019allowed

D.Latha, v. P.Karuppasamy,

2020-01-31Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.170 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.170 of 2019 and C.M.P(MD) No.3954 of 2019 D.Latha ... Petitioner/Respondent -VsP.Karuppasamy ... Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw and transfer the H.M.O.P.No.307 of 2018, on the file of the Sub Court, Sivakasi to the Sub-Court, Sankarankovil. For Petitioner :

Mr.V.Muthuvelan For Respondent :

Mr.M.Thirunavukkarasu

O R D E R

The petitioner/wife, who is facing the proceedings for divorce under Section 13(i)(i-a)(i-b) of the Hindu Marriage Act in H.M.O.P.No.307 of 2018 before the Sub Court, Sivakasi, seeks transfer of the said proceedings to Sub-Court, Sankarankovil. The main ground on which the transfer sought for is convenience as well as the safety of the wife. It is seen from the records that the FIR has also been lodged against the husband under Sections 498(A), 494 and 506(ii) of IPC.

2. Mr.M.Thirunavukkarasu, learned counsel appearing for the husband would expressed reservation in going to Sankarankovil since according to him, his life is under threat.

3. Considering the apprehension of both parties, I am of the considered opinion that the proceedings in H.M.O.P.No.307 of 2018 can be transferred to some other common place nearby to both Sivakasi and Sankarankovil.

4. Hence, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.307 of 2018 is withdrawn from the file of the Sub Court, Sivakasi and transferred to the file of Sub Court, Kovilpatti. The Sub Court, Sivakasi is directed to transmit the papers to the Sub Court, Kovilpatti, forthwith. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P(MD)No.170 of 2019 However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Sub Court, Sivakasi.

2. The Sub Court, Kovilpatti.

+1 CC to M/s.V.MUTHUVEL, Advocate ( SR-4204[F] dated 31/01/2020 ) +1 CC to M/s.M.THIRUNAVUKKARASU, Advocate ( SR-4159[F] dated 31/01/2020 ) Tr.C.M.P(MD)No.170 of 2019 31.01.2020 KK/SAR/13.02.2020/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2