Sharmila v. K.Karthikeyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.12850 of 2023 Sharmila ... Petitioner/Respondent Vs.

K.Karthikeyan ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.219 of 2023 on the file of the learned Principal Sub Court, at Sivakasi and transfer the same to the file of the learned Principal Sub Court, Ambasamudram, Tirunelveli District.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : No Appearance

ORDER

This petition has been filed to withdraw H.M.O.P.No.219 of 2023 on the file of the learned Principal Sub Court, at Sivakasi and transfer the same to the file of the learned Principal Sub Court, Ambasamudram, 1/4

Tirunelveli District.

2.The facts in brief:

The marriage between the parties was solemnized on 07.12.2015. Out of the above said wedlock they blessed with two male children. After the birth of second child, the respondent started to make harassment to the petitioner. Due to which, the respondent filed the above said H.M.O.P proceedings before the Principal Sub Court, Sivakasi. Now the petitioner residing at Cheranmahadevi, Ambasamudram Taluk. Hence, she is facing difficulties to attend every hearing at Sivakasi. Therefore, the petitioner has come forward with this petition seeking transfer of the same to the Sub Court, Ambasamudam. 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.219 of 2023 2/4

filed by the respondent on the file of the Sub Court, Sivakasi, is ordered to be withdrawn and transferred to the Principal Sub Court, Ambasamudram, Tirunelveli District.

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

07.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

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

2.The Principal Subordinate Judge, Ambasamudram, Tirunelveli District. 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 07.03.2024 4/4