Priyadharshini v. Karthikeyan

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.13911 of 2023 Priyadharshini ... Petitioner Vs.

Karthikeyan ... Respondent PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the petition in H.M.O.P.No.184 of 2023, from the file of the Principal Sub Court, Tenkasi, Tenkasi District and transfer the same to the file of the Sub Court, Tambaram, Chengalpattu District, since the petitioner's M.C. Case No.14 of 2023 on the file of the Judicial Magistrate Court, Tambaram, Chengalpattu District in the very same campus.

For Petitioner : Mr.A.Arul Jenifer For Respondent : Mr.K.Suyumbulinga Bharathi 1/5

ORDER

This Petition has been filed seeking to withdraw the petition in H.M.O.P.No.184 of 2023, from the file of the Principal Sub Court, Tenkasi, Tenkasi District and transfer the same to the file of the Sub Court, Tambaram, Chengalpattu District, since the petitioner's M.C. Case No.14 of 2023 on the file of the Judicial Magistrate Court, Tambaram, Chengalpattu District in the very same campus. 2.The brief facts are as follows:

The marriage between the parties was solemnized on 09.12.2018. But, thereafter, the respondent behaved in abnormal way. Therefore, the petitioner left out of the matrimonial home and filed M.C.No.14 of 2023 on the file of the Judicial Magistrate, Tambaram, Chengalpattu District. In the meantime, the respondent filed H.M.O.P.No.184 of 2023 on the file of the Principal Sub Court, Tenkasi. Since the petitioner is unable to attend every hearing at Tenkasi, she seeks transfer of the same to Tambaram.

3.Heard both sides.

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4.The learned counsel for the respondent would submit that now the respondent is not working in Chennai. Hence, he made objection. 5.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.184 of 2023 filed by the respondent on the file of the Principal Sub Court, Tenkasi, is ordered to be withdrawn and transferred to the Sub Court, Tambaram, Chenagalpattu.

6.Accordingly, this transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 29.02.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The Principal Subordinate Judge, Tenkasi, Tenkasi District. 2.The Subordinate Judge, Tambaram, Chengalpattu District. 3/5

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 29.02.2024 5/5