Santhiya v. Amal Arockiya Das

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.5736 of 2023 Santhiya ... Petitioner Vs.

Amal Arockiya Das ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the proceedings in I.D.O.P.No.69 of 2023 on the file of the Principal District Court, Pudukottai and transfer the same to the file of the Principal District Court, Sivagangai.

For Petitioner : Mr.G.R.Satish For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to transfer I.D.O.P.No.69 of 2023 from the Principal District Court, Pudukottai to the Principal District Court, Sivagangai.

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2. Despite notice on the sole respondent though Court and privately being served and name being printed in the cause list, there is no representation on behalf of the respondent.

3. The petitioner is aged about 29 years and is taking care of a minor child aged about one year. The petitioner has expressed her difficulties in Paragraph No.6 of the affidavit filed in support of this petition which reads as under:-

6. I respectfully state that in fact, the distance between Sivagangai to Pudukottai is 90 kilometers and to and from, I have to travel around 200 kms. for every hearing. Being a lady and a mother of one year old baby, it is very difficult for me to travel around two hundred kms. and attend the court proceedings. Hence, it is necessary for me to get the transfer the IDOP proceedings filed by my husband from Pudukottai to Sivagangai. Unless the IDOP proceedings filed by my husband is transferred to Sivagangai, I an my child will be put into irreparable loss and hardships. The next date of hearing in the said IDOP is 15.06.2023 and hence it is necessary for me to obtain an order of Interim Stay against the IDOP proceedings.

4. Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition by ordering the transfer of Page No. 2 of 4

I.D.O.P.No.69 of 2023 pending on the file of the Principal District Court, Pudukottai to the file of the Principal District Court, Sivagangai.

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

09.06.2023 NCC : Yes / No Internet: Yes/No jen To 1.The Principal District Court, Pudukottai.

2.The Principal District Court, Sivagangai.

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C.SARAVANAN, J.

jen and C.M.P.(MD) No.5736 of 2023 09.06.2023 Page No. 4 of 4