Madras High CourtTR CMP(MD)/386/2019dismissed

A.Rajasekaran v. R.Valarmathi

2019-10-24Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P. (MD)No.386 of 2019 and C.M.P(MD) No.8844 of 2019 A.Rajasekaran ... Petitioner Vs.

R.Valarmathi ... Respondent PRAYER:- Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P.No.224 of 2018 on the file of the learned Subordinate Judge, Sivakasi and to trnasfer the same to the learned Sub Court, Pudukottai of Pudukottai.

For Petitioner : Mr.I.Saliyakhan For Respondent : No Appearance

ORDER

The above Transfer Civil Miscellaneous Petition has been filed by the husband seeking to transfer the case in H.M.O.P.No.224 of 2018, which is filed by the wife on the file of the learned Subordinate Judge, Sivakasi to the file of learned Sub Court, Pudukottai.

2.The above said application is filed for divorce. The transfer is sought for on the ground that the petitioner is unemployed and therefore, he will not be able to travel all the way to Sivakasi to attend hearings. The reasons given to transfer the case is absolutely without any basis. Even according to the petitioner, the respondent/wife is working at Nagapattinam and she is commuting from a ladies hostel. If the proceedings is transferred to Pudukottai, the wife will be put to the additional burden of travelling for work and her permanent address is at Sivakasi.

3.Under these circumstances, if the case in H.M.O.P.No.224 of 2018 is directed to be transfer to the file of learned Sub Court, Pudukottai, it would be put great hardship on the respondent/wife. This Court does not find any reasons to transfer the above case. Accordingly, this transfer civil miscellaneous petition is https://hcservices.ecourts.gov.in/hcservices/

dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) gns To The Subordinate Judge, Sivakasi.

Tr.C.M.P. (MD)No.386 of 2019 24.10.2019 VB(08.11.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/