Monisha v. Karthik

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.13536 of 2023 Monisha ... Petitioner/Respondent Vs.

Karthik ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in H.M.O.P.No.225 of 2022 on the file of the learned Subordinate Court, Kumbakonam, and transfer the same to the learned Principal Sub Court, Mayiladuthurai. For Petitioner : Mr.S.Deenadhayalan For Respondent : No Appearance

ORDER

This petition has been filed to withdraw the case in H.M.O.P.No. 225 of 2022 on the file of the learned Subordinate Court, Kumbakonam, and transfer the same to the learned Principal Sub Court, Mayiladuthurai. 1/4

2.The facts in brief:

Marriage was solemnized between the parties on 17.09.2015 as per the Hindu Rites and Customs. Out of the wedlock a male child was also born. Thereafter, due to misunderstanding between them, the respondent filed H.M.O.P.No.225 of 2022 seeking divorce on the file of the Subordinate Court, Kumbakonam. The petitioner is now residing at Mayiladuturai District. Hence, she cannot travel to attend every hearing at Kumbakonam. Hence, she filed this petition seeking transfer. 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the H.M.O.P.No.225 of 2022 filed by the respondent on the file of the Subordinate Court, Kumbakonam, is ordered to be withdrawn and transferred to the Principal Sub Court, Mayiladuthurai.

2/4

5.Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected miscellaneous petition is closed. 29.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

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

2.The Principal Subordinate Judge, Mayiladuthurai. 3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN ,J.

TM 29.02.2024 4/4