Hemalatha v. Balaji

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.11663 of 2023 Hemalatha ... Petitioner/Respondent Vs.

Balaji ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.36 of 2023 on the file of the Sub Court, Sankari and transfer the same to the sub court Kulithalai.

For Petitioner : Mr.AN.Ramanathan For Respondent : No Appearance

ORDER

This Petition has been filed seeking to withdraw the H.M.O.P.No. 36 of 2023 on the file of the Sub Court, Sankari and transfer the same to the sub court Kulithalai.

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2.The brief facts are as follows:

The marriage between the parties was solemnized on 27.08.2017. Out of the above said wedlock a male child was born to them. Thereafter there was some family dispute arose between them. Due to which the petitioner gave police complaint against the respondent, which is stated to be pending. In the meantime, the respondent filed the above said H.M.O.P. seeking seeking divorce before the Sub Court, Sankari. Since the petitioner is unable attend every hearing at Sankari, she seeks transfer to the Sub Court, Kulithalai. 3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.36 of 2023 filed by the respondent on the file of the Sub Court, Sankari, is ordered to be withdrawn and transferred to the Sub Court, Kulithalai. 2/4

5.With the above said directions, this petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. 29.02.2024 Index :

Yes / No Internet :

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

2.The Subordinate Judge, Kulithalai.

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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