S.Gokila v. K.Senthilkumar

BEFORE THE MADURAI 9BENCH OF MADRAS HIGH COURT DATED : 08.08.2024 CORAM :

THE HON'BLE MR JUSTICE P. VADAMALAI TR.CMP(MD).No.519 of 2023 and CMP(MD).No. 11501 of 2023 S.Gokila ... Petitioner Vs.

K.Senthilkumar ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the case on the file of the Sub Court, Pudukottai in H.M.O.P.No.190 of 2020 and transfer the same to the Sub Court, Kumbakonam, Thanjavur District. For Petitioner : Mr.B.Jameer Arasu For Respondent : Mr.A.Senthilkumar 1/5

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in H.M.O.P.No.190 of 2020 on the file of the Sub Court, Pudukottai and transfer the same to the file of the Sub Court, Kumbakonam, Thanjavur District.

2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 10.07.2016 as per Hindu Rites and Customs. 3.The learned Counsel for the petitioner submits that due to misunderstanding between the petitioner and the respondent, the petitioner left the matrimonial home. Thereafter, the respondent filed H.M.O.P.No. 190 of 2020, before the Sub Court, Pudukottai for divorce. Now, the petitioner is residing in her parents house at Kumbakonam. The distance between Pudukottai and Kumbakonam is approximately 80 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend H.M.O.P.No.190 of 2020, before the Sub Court, Pudukottai. In the above circumstances, she filed the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.190 of 2020, before the 2/5

Sub Court, Pudukottai, to the file of the Sub Court, Kumbakonam, Thanjavur District.

4.The learned counsel for the respondent submits that the respondent has no objection to transfer the case as prayed for. 5.Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the respondent. 6.Considering the over all facts and circumstances of the case and also considering the submissions of both sides, this Court is inclined to allow this petition.

7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.190 of 2022 pending on the file of the Sub Court, Pudukottai, is hereby withdrawn and transferred to the file of Sub Court, Kumbakonam, Thanjavur District. The learned Sub Judge, Pudukottai, is directed to transmit the entire records pertaining to the case in H.M.O.P.No.190 of 2020 to the transferee Court, within a period of two weeks from the date of receipt of a copy of this order. On such 3/5

receipt, the learned Sub Judge, Kumbakonam, Thanjavur District, is directed to take the case on file and dispose the same as expeditiously as possible. No costs. Consequently, connected Miscellaneous Petition is closed.

08.08.2024 Internet : Yes / No Index : Yes / No jbr To

1. The Sub Court, Pudukottai.

2. The Sub Court, Kumbakonam, Thanjavur District.

4/5

P. VADAMALAI, J.

jbr TR.CMP(MD).No.519 of 2023 and CMP(MD).No. 11501 of 2023 08.08.2024 5/5