Nivetha v. Subburam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P(MD) No.7687 of 2023 Nivetha ... Petitioner Vs.

Subburam ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.9 of 2023 on the file of the learned Sub Judge, Sattur and transfer the same to the file of the Family Court, Tuticorin.

For Petitioner : Mr.M.P.Senthil For Respondent : Mr.M.Kannan

O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the wife for transfer of H.M.O.P.No.9 of 2023 from the file of the Sub Court, Sattur to the file of the Family Court, Tuticorin.

Page No. 1 of 4

2. According to the petitioner/wife, she depends upon her parents for her livelihood and she has to travel about 92 kms. from her residence to Sattur for attending the Court proceedings which is highly difficult for the petitioner being a woman along with the minor child aged about 2 years. It is further submitted that the petitioner/wife has to spent about Rs.500/- while travelling to the Sattur which is very difficult for the petitioner as she has no source of income.

3. On the other hand, the learned counsel appearing for the respondent would submit that if the Court is willing to transfer the H.M.O.P., the same may be transferred from the file of the Subordinate Court, Sattur to the filed of the Subordinate Court, Tuticorin instead of the Family Court, Tuticorin.

4. Therefore, considering the facts and circumstances of the case and request made by the learned counsel appearing for the respondent/husband, H.M.O.P.No.9 of 2023 filed by the respondent/husband is directed to be transferred from the file of the Subordinate Court, Sattur to the file of the Subordinate Court, Tuticorin.

Page No. 2 of 4

5. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed. 03.08.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No jen To 1.The Sub Judge, Sattur.

2.The Sub Judge, Tuticorin.

Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen and C.M.P(MD) No.7687 of 2023 03.08.2023 Page No. 4 of 4