Sellammal v. Pandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.10470 of 2023 Sellammal ... Petitioner/Respondent Vs.

Pandi ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the case in H.M.O.P.No.114 of 2023 on the file of the Sub Court, Devakottai, Sivagangai District, to the file of the learned Sub Court, Thirumayam, Pudukkottai District.

For Petitioner : Mr.R.Jegadeeswaran For Respondent : Mr.R.Balakrishnan

ORDER

This petition has been filed seeking to withdraw and transfer the case in H.M.O.P.No.114 of 2023 on the file of the Sub Court, Devakottai, Sivagangai District, to the file of the learned Sub Court, 1/4

Thirumayam, Pudukkottai District.

2.The facts in brief:

The marriage was solemnized between the parties on 04.09.2016. Thereafter, the respondent ill-treated the petitioner. There was trouble arose between them. The respondent and his family members are become money minded. Hence, the petitioner left the matrimonial home. Thereafter, the respondent filed the above said H.M.O.P. proceedings before the Sub Court, Sivagangai. Now it is very difficult to the petitioner to attend every hearing in the Sub Court, Sivagangai. Hence, seeking transfer of the same, this petition has been filed. 3.Heard both sides.

4.The learned counsel for the respondent would submit that the respondent has no objection to transfer this case. 5.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.114 of 2023, 2/4

filed by the respondent on the file of the Sub Court, Sivagangai, is ordered to be withdrawn and transferred to the Sub Court, Thirumayam, Pudukkottai District.

6.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 20.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Sivagangai.

2.The Subordinate Judge, Thirumayam, Pudukkottai District. 3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 20.02.2024 4/4