Madras High CourtTR CMP(MD)/424/2019allowed

G.B.Gayathri v. B.Ananth

2020-01-31Honourable Mr Justice R. Subramanian2 pages

Tr.C.M.P(MD)No.424 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.424 of 2019 and C.M.P(MD) No.9751 of 2019 G.B.Gayathri ... Petitioner -VsB.Ananth ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.,to withdraw the H.M.O.P.No.10 of 2019 from the file of Principal Sub-Court, Dindigul and transfer the same to Principal Sub-Court, Srivilliputhur.

For Petitioner :

Mr.V.Raghavachari For Respondent :

Mr.R.Venkatesan for M/s.Right Law Associates

O R D E R

The wife, who is facing the proceedings for divorce in H.M.O.P.No.10 of 2019 on the file of the Sub-Court, Dindigul, seeks transfer of the same to Sub Court, Srivilliputhur. The transfer is sought for mainly on the ground of convenience of the wife, who is a resident of Srivilliputhur.

2.Mr.R.Venkatesan, learned counsel appearing for the husband would submit that the wife hails from a affluent family and she travels to Sub-Court, Dindigul by Car, therefore, there will be no inconvenience if the proceeding is continued at Sub-Court, Dindigul.

3.Mr.R.Venkatesan, learned counsel also expresses apprehension about safety of the husband if the proceeding is to be transferred to Sub-Court, Srivilliputhur.

4. Considering the apprehension expressed and the distance between the Srivilliputhur and Dindigul, I am of the considered opinion that H.M.O.P.No.64 of 2018 can be transferred to neutral place, namely, Madurai.

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Tr.C.M.P(MD)No.424 of 2019

5. Hence, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.10 of 2019 is withdrawn from the file of the Principal Sub-Court, Dindigul and transferred to the file of Principal Sub-Court, Madurai to be disposed of in accordance with law. The Principal Sub-Court, Dindigul is directed to transmit the papers to the Principal Sub- Court, Madurai, forthwith. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) am To

1. The Principal Sub Court, Dindigul.

2. The Principal Sub Court, Madurai.

3. The Record Keeper, V.R.Section, (2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-4161[F] dated 31/01/2020 ) +1 CC to Mr.V.RAGAVACHARI, Advocate ( SR-4344[F] dated 31/01/2020 ) Tr.C.M.P(MD)No.424 of 2019 31.01.2020 VB(17.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2