Madras High CourtTR CMP(MD)/297/2020disposed of

Sunandha Devi v. Arun Nerhu

2021-02-09Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD)No.297 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD)No.297 of 2020 and C.M.P.(MD)No.6473 of 2020 Sunandha Devi : Petitioner/Respondent Vs.

Arun Nehru : Respondent/Petitioner PRAYER:- The petition filed under Section 24 of the Civil Procedure Code, to pass an order of withdrawl of H.M.O.P.No.284 of 2020 on the file of the Family Court, Ariyalur and the same may be transferred to the file of the Subordinate Court, Tiruchendur in Thoothukud District.

For Petitioner :Mr.N.Ramesharumugam For Respondent :Mr.P.Pethu Rajesh ****

ORDER

The wife seeks transfer of proceedings for divorce initiated by the husband in H.M.O.P.No.284 of 2020 on the file of the Family Court, Ariyalur.

2.Transfer is sought for mainly on the ground of convenience. The wife is a native of Namakakal District and is now employed in Arumuganeri, Tuticorin. The husband, though working in Dindigul, has launched the proceedings before the Family Court, Ariyalur on the ground that the marriage took place within the jurisdiction of the Family Court at Ariyalur.

3.The husband apprehends threat to his life or harassment at the hands of the Arumuganeri Police, if he has to go to Tiruchendur to conduct the proceedings. The wife also makes counter allegations to the effect that her life is under threat, if she is forced to travel from Arumuganari to Ariyalur.

4.Considering the overall circumstances, I am of the considered opinion that the OP can be transferred to a neutral venue, so that the parties can conduct the case in a peaceful atmosphere. 5.Considering the same, the H.M.O.P.No.284 of 2020 pending on the file of the Family Court at Ariyalur is withdrawn and transferred to the Subordinate Court, Tuticorin, to be disposed of https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD)No.297 of 2020 in accordance with law. It is made clear that no further request for transfer will be entertained.

6.Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The Judge, Family Court, Ariyalur.

2.The Subordinate Judge, Tiruchendur in Thoothukudi District. 3.The Subordinate Judge, Tuticorin.

+1 CC to Mr.P.PETHU RAJESH, Advocate ( SR-4128[F] dated 09/02/2021 ) TR.C.M.P.(MD)No.297 of 2020 09.02.2021 VB (22.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2