Madras High CourtTR CMP(MD)/686/2022disposed of

Gajalakshmi v. G.Rameshkumar

2023-03-23Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.10964 of 2022 Gajalakshmi ... Petitioner/ Respondent Vs.

G.Rameshkumar ... Respondent/ Petitioner PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw H.M.O.P.No.121 of 2021 before the learned Sub Judge, Cheyyar and transfer the same to file of the Learned Sub Court, Virudhunagar to try along with H.M.O.P.No.198 of 2021.

For Petitioner : Mr.I.Suthakaran For Respondent : Mr.F.X.Eugene

ORDER

The present transfer civil miscellaneous petition has been filed to transfer H.M.O.P.No.121 of 2021 before the learned Sub Judge, Cheyyar 1/4

to the Learned Sub Court, Virudhunagar and to try along with H.M.O.P.No.198 of 2021.

2. Both the petitioner and the respondent have filed separate proceedings to dissolve the marriage with each other. The respondent has filed H.M.O.P.No.121 of 2021 before the learned Sub Judge, Cheyyar. The petitioner, on the other hand, filed H.M.O.P.No.198 of 2021 before the Sub Court, Virudhunagar.

The respondent had filed Tr.C.M.P(MD)No.146 of 2022 before the Principal Bench of this Court, which came to be dismissed by an order, dated 05.08.2022.

3. It is noted that the respondent is working as an Assistant Professor in the University College of Engineering, Arni. The petitioner on the other hand is unemployed and she has no other means to support herself. The distance between Cheyyar and Virudhunagar is almost 500 kilometers.

4. Considering the fact that the petitioner is unemployed and she has no means to support herself, the Court is inclined to order this Transfer Civil Miscellaneous Petition by transferring H.M.O.P.No.121 of 2/4

2021 before the learned Sub Judge, Cheyyar to the Learned Sub Court, Virudhunagar.

5. Considering both the parties are keen on divorcing each other in terms of separate H.M.O.Ps, the Sub Court, Virudhunagar may refer the case for mediation attached to District Court, Virudhunagar so that the parties can arrive at consensus.

6. The present Transfer Civil Miscellaneous Petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

23.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The learned Sub Judge, Cheyyar.

2. The Learned Sub Judge, Virudhunagar.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3/4

C.SARAVANAN ,J.

SN 23.03.2023 4/4