Shrirangam Alias Velthai v. Muthukumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.7470 of 2024 Shrirangam @ Velthai ... Petitioner/Respondent Vs.

Muthukumar

...Respondent/Petitioner

Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the H.M.O.P.No.110 of 2023 on the file of the Sub-Court, Arupukkottai, Virudhunagar District to the file of the Sub-Court, Thirumangalam, Madurai District. For Petitioner :Mr.C.Suresh Kannan For Respondent :Mr.L.Prabhu

ORDER

The petitioner/wife has filed the present transfer civil miscellaneous petition to withdraw H.M.O.P.No.110 of 2023 from the file of the SubCourt, Aruppukottai, Virudhunagar District to transfer the same to the SubCourt, Thirumangalam.

2.The learned counsel for the petitioner/wife submits that it is difficult for her to travel especially when she is living with her aged parents near Thirumangalam.

3.The learned counsel appearing on behalf of the respondent/husband opposes the said prayer that on the ground that practically he has to first travel up to Virudhunagar and then from Virudhunagar, he has to travel to Thirumangalam, it will cause a grave hardship to the respondent/ husband. Even this Court can consider for transferring the case to Virudhunagar where the respondent/husband is working.

4.I have considered the rival submissions made on either side and perused the material records of the case.

5.Considering the hardship expressed by the respondent/husband, it can be seen that he is working in Virudhunagar. Therefore, from Virudhunagar to Thirumangalam, he can attend the hearing and go back to work in Virudhunagar.

6.It is made clear that if for any formal hearing not involving counseling, mediation or recording of witness etc, he can request the Court

and the Court can permit him to appear through video conferencing, as it is contended that it may not be possible for him to apply for leave on every occasion.

7.In view thereof, with the above observations, the Transfer Civil Miscellaneous Petition is allowed and the HMOP.No.110 of 2023 is withdrawn from the file of the Sub-Court, Aruppukottai, Virudhunagar District and transferred to the file of the Sub-Court, Thirumangalam, Madurai District. No costs. Consequently, connected miscellaneous petition is closed.

05.07.2024 NCC:Yes/No Ns To 1.The Sub-Court, Aruppukottai, Virudhunagar District.

2.The Sub-Court, Thirumangalam, Madurai District.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

D.BHARATHA CHAKRAVARTHY, J.

Ns and C.M.P(MD)No.7470 of 2024 05.07.2024