Madras High CourtTR CMP(MD)/81/2018allowed

Thamarai v. Mahesh

2020-01-07Honourable Mr Justice R. Subramanian2 pages

TR.C.M.P.(MD) No.81 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.81 of 2018 and C.M.P(MD)No.1872 of 2018 Thamarai ... Petitioner vs.

Mahesh ... Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.42 of 2015 on the file of the Sub Court, Aruppukottai and to transfer the same to the Sub Court, Sankarankoil.

For Petitioner : Mr.V.Sasi Kumar For Respondent : Mr.G.Chandrasekar

ORDER

The petitioner / wife, who is facing the proceedings for divorce under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act before the Sub Court, Aruppukottai, has come up with this petition seeking transfer of the said proceedings to the Sub Court, Sankarankoil.

2. According to the petitioner, the distance between the Sankarankoil to Aruppukottai is about 120 kilometers and she states that it is difficult to travel to the Sub Court, Aruppukottai for every hearing. She is also forced to look after her three years old child.

3. Considering the convenience of the wife and the fact that the proceedings are before the Sub Court, which does not required the presence of the parties for every hearing, I do not think that transfer of H.M.O.P.42 of 2015 from the file of the Sub Court, Aruppukottai to the file of the Sub Court, Sankarankoil would cause undue hardship to the respondent / husband.

4. Hence, this transfer petition is allowed and the proceedings in H.M.O.P.42 of 2015 pending on the file of the Sub Court, Aruppukottai is withdrawn and transferred to the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD) No.81 of 2018 Sub Court, Sankarankoil to be disposed of in accordance with law. The Sub Court, Aruppukottai is directed to transmit the records in H.M.O.P.No.42 of 2015 to the Sub Court, Sankarankoil. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Sub Court, Aruppukottai 2.The sub Court, Sankarankoil.

+1 CC to Mr.G.CHANDRASEKAR, Advocate ( SR-498[F] dated 07/01/2020 ) +1 CC to Mr.V.SASIKUMAR, Advocate ( SR-777[F] dated 08/01/2020 ) TR.C.M.P.(MD)No.81 of 2018 07.01.2020 VB(22.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2