Madras High CourtTR CMP(MD)/621/2023allowed

Subha v. Manikandan

2023-12-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Tr.C.M.P (MD).No.621 of 2023 and C.M.P.(MD)No.13864 of 2023 Subha : Petitioner/Respondent Vs.

Manikandan : Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw and transfer the H.M.O.P.No.171 of 2022 on the file of the Sub Court, Aathur to the file of the Sub Court, Karur. For Petitioner : Mr.B.Vinoth kumar

O R D E R

The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw and transfer the case in H.M.O.P.No.171 of 2022 on the file of the Sub Court, Attur to the file of the Sub Court, Karur. 1/4

2. It is seen from the records that the marriage between the parties was solemnized on 17.06.2018.

3. The learned counsel for the petitioner would submit that the respondent has filed a petition in H.M.O.P.No.171 of 2022, seeking divorce and the same is pending on the file of the Sub Court, Attur and that the petitioner is residing at Puravipalayam, Karur District and she finds it very difficult to travel from Karur to Attur to attend the hearings.

4. The learned counsel for the respondent is not having any objections to transfer the case as sought for by the petitioner.

5. Considering the facts and circumstances of the case and also taking note of the residence of the petitioner, this Court is inclined to allow the petition.

6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The case in H.M.O.P.No.171 of 2022 on the file of the Sub Court Court, Aathur, is hereby withdrawn and transferred to the file of the Sub Court, Karur. The learned Subordinate Judge, Attur, is directed to send the records 2/4

relating the case in H.M.O.P.No.171 of 2022 to the Sub Court, Karur, within a period of 15 days from the date of receipt of copy of this order and on receipt of the same, the learned Subordinate Judge, Karur, is directed to take the same on file and proceed in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed.

06.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Subordinate Judge, Attur.

2.The Subordinate Judge, Karur.

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

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K.MURALI SHANKAR, J.

DAS Tr.C.M.P (MD).No.621 of 2023 and C.M.P.(MD)No.13864 of 2023 06.12.2023 4/4