Madras High CourtTR CMP(MD)/319/2018allowed

D.Sugapriya v. G.Rajendran

2018-09-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN TR CMP(MD)No.319 of 2018 and CMP(MD)No.7853 of 2018 D.Sugapriya ... Petitioner/Petitioner/Respondent Vs.

G.Rajendran ... Respondent/Respondent/ Petitioner Prayer: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the HMOP No.11 of 2018 pending on the file of the I Additional Sub Judge, Salem and transfer the same to the file of the Sub Judge, Thuraiyur, Trichy District.

For Petitioner : Mr.N.Sankar Ganesh For Respondent : Mr.B.Thanga Aravindh

ORDER

The petitioner got married to the respondent on 12.09.2010. Two children have been born through the wedlock. The children are presently with the respondent. The respondent initially filed a petition for restitution of conjugal rights. The petitioner filed MC No.24 of 2017 before the Judicial Magistrate Court, Thuraiyur. The respondent was directed to pay a sum of rupees Rs.2200/- per month as maintenance. At this stage, the respondent filed HMOP No.11 of 2018 on the file of the I Additional Sub Court, Salem for divorce. To transfer the same, this civil revision petition has been filed.

2.Heard the learned counsel on either side.

3.Since the petitioner is a woman, it will be difficult for her to go for trial from Thuraiyur to Salem. Taking note of the said aspect, this Court withdraws HMOP No.11 of 2018 from the file of the I Additional Sub Court, Salem and transfers the same to the file of the Sub Court, Thuraiyur. This transfer civil miscellaneous petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-I)

To 1.The I Additional Sub Judge, Salem 2.The Sub Judge, Thuraiyur, Trichy District.

+ 1 CC TO Mr.N.Sankar Ganesh , ADVOCATE IN SR No.84573. • 1 CC TOMr.B.Thanga Aravindh , ADVOCATE IN SR No. 84517. SKM DS SKN SAR-1 22 10 2018 2P 5C TR CMP(MD)No.319 of 2018 and CMP(MD)No.7853 of 2018 14.09.2018 https://hcservices.ecourts.gov.in/hcservices/