Vinitha, v. A. Senthil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Tr.C.M.P.(MD) No.621 of 2022 and CMP(MD).No.9947 of 2022 Vinitha ... Petitioner -vsA.Senthil ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw HMOP.No.70 of 2022 on the file of the Subordinate Court, Melur and transfer the same to Subordinate court, Thirumangalam.

For Petitioner : Mr.C.Ramesh For Respondent : P.Santhanakrishnan 1/4

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed by the wife to transfer H.M.O.P.No.70 of 2022 on the file of Subordinate Court, Melur to Subordinate Court, Thirumangalam.

2.According to the learned counsel appearing for the petitioner, the petitioner is permanently residing at Thirumangalam along with her parents and a 4 years old kid. She faces difficulty to travel to Melur to attend the hearing. 3.The learned counsel for the respondent/husband strenuously objected to the transfer on the ground that the matter is only pending before the Sub Court, Melur and it is not necessary for the wife to appear in person and she can very well appear through the Counsel.

4.I have considered the submission made on either side. 5.Considering the fact that the petitioner is a permanent resident of Thirumangalam along with her parents and she is having 4 year old kid, this Court is inclined to allow this petition. According, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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22.02.2023 Internet : Yes / No Index : Yes / No msa To:

1.The Subordinate Judge Melur 2.The Subordinate Judge Thirumangalam 3/4

R.VIJAYAKUMAR, J.

msa Order made in Tr.C.M.P.(MD) No.621 of 2022 and CMP(MD).No.9947 of 2022 Dated:

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