Madras High CourtTR CMP(MD)/600/2022allowed

Kaveri Devi v. V.Marichamy

2024-03-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.9674 of 2022 Kaveri Devi ... Petitioner/Respondent Vs.

V.Marichamy ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.239 of 2022 on the file of the learned Sub -Judge, Tambaram and transfer the same to file of the learned Sub Court, Aruppukottai.

For Petitioner : Mr.I.Suthakaran For Respondent : No Appearance

ORDER

This petition has been filed to to withdraw the H.M.O.P.No.239 of 2022 on the file of the learned Sub -Judge, Tambaram and transfer the same to file of the learned Sub Court, Aruppukottai. 1/4

2.The facts in brief:

The marriage was solemnized between the parties on 23.08.2009. Out of the above said wedlock they blessed with two children. At the time of marriage the parent's of the petitioner gave sufficient sreethanas to the petitioner. Later the respondent harassed the petitioner. Due to which she filed M.C.No.11 of 2022 on the file of the learned Judicial Magistrate, Aruppukkottai. After receiving the summons on the above said MC case, the respondent filed the above said HMOP proceedings on the file of the Sub Court, Tambaram. The petitioner is not in position to travel about 500 kms. to attend hearing in Tambaram. Hence, she filed this petition seeking transfer of the same to Sub Court, Aruppukkottai.

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 2/4

considering the convenience of the wife, the H.M.O.P.No.239 of 2022 filed by the respondent on the file of the Sub Court, Tambaram, is ordered to be withdrawn and transferred to the Sub Court, Aruppukkottai.

5.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 28.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

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

2.The Subordinate Judge, Aruppukkottai.

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 28.03.2024 4/4