Keerthika v. M.Kannan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.5762 of 2023 Keerthika .. Petitioner Vs.

M.Kannan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No. 130 of 2021 on the file of the Sub Court, Keeranur, Pudukottai District and transfer the same to the file of the Sub Court, Devakottai, Sivagangai District.

For Petitioner : Mr.AL.Kannan For Respondent : No Appearance Page No 1 of 5

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.130 of 2021 on the file of the Sub Court, Keeranur, Pudukottai District and transfer the same to the file of the Sub Court, Devakottai, Sivagangai District.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 16.05.2019 at Meenakshi Mahal in Pillaiyarpatti Taluk, Sivagangai District as per Hindu Rites and Customs. Out of the wedlock, a female child was born on 19.08.2020.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.130 of 2021 on the file of the Sub Court, Keeranur, Pudukottai District seeking dissolution of marriage.

4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband Page No 2 of 5

has neither entered appearance through a counsel nor in-person to oppose this transfer petition.

5. Heard the learned counsel appearing for the petitioner.

6. The learned counsel for the petitioner would submit that the petitioner is the resident of Shanmuganathapuram, Devakottai Taluk, Sivagangai District. The distance between the residence of the petitioner and Keeranur is around 150 Kms, and the petitioner/wife finds it very difficult to travel such a long distance for attending every Court hearing along with the four year old female child. Hence, she seeks transfer of proceeding from the file of the Sub Court, Keeranur to the file of the Sub Court, Devakottai.

7. Taking into consideration of the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this transfer petition.

8. The learned Judge, Sub Court, Keeranur, Pudukottai District is directed to transmit the entire records pertaining to the case in H.M.O.P.No. Page No 3 of 5

130 of 2021 to the file of the Sub Court, Devakottai, Sivagangai District within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Sub Court, Devakottai, Sivagangai District is directed to take the case on file and dispose of the same in accordance with law.

9. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

29.08.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The learned Judge, Sub Court, Keeranur, Pudukottai District 2.The learned Judge, Sub Court, Devakottai, Sivagangai District and C.M.P.(MD)No.5762 of 2023 29.08.2024 Page No 5 of 5