P. Parimala v. A. Alagusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)No.11716 of 2022 P.Parimala .. Petitioner

Versus

A.Alagusamy .. Respondent Prayer :- Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.68 of 2022, on the file of the Principal Sub Court, Dindigul and transfer the same to the Sub-Court, Usilampatti. For Petitioner :

No Appearance For Respondent :

No Appearance

ORDER

This Petition has been filed to withdraw H.M.O.P.No.68 of 2022, on the file of the Principal Subordinate Court, Dindigul and transfer the same to the Sub-Court, Usilampatti.

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2. Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner. There is also no representation on behalf of the respondent, despite service of notice on him and his name is also printed in the cause list.

3. In this petition, the petitioner seeks transfer of H.M.O.P.No.68 of 2022, filed by the respondent for divorce, pending on the file of the Principal Subordinate Court, Dinidigul, to the file of the Sub Court, Usilampatti. The petitioner has stated that she is now residing at Chinnakattalai Village, Madurai District and that the distance between Chinnakattalai Village and Dindigul, where H.M.O.P.No.68 of 2022 is pending, is about 82 Kilometers. The petitioner has also pleaded that there is no male member in her family to travel with her to Dindigul for each and every hearing.

4. Considering the above, this Court is inclined to allow this Transfer Civil Miscellaneous Petition, by directing transfer of H.M.O.P.No.68 of 2022, pending on the file of the Principal Subordinate Court, Dindigul, to the file of the Sub Court, Usilampatti. The learned Sub Judge, Usilampatti, shall endeavour to dispose H.M.O.P.No.68 of 2022, on it being re-numbered, as expeditiously as possible, preferably, within a period of 12 months from the date of receipt of a copy of this order.

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5. This Transfer Civil Miscellaneous Petition stands allowed with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No Index : Yes/No 29.03.2023 Internet : Yes/No smn2 To 1.The Principal Sub Judge, Dindigul.

2.The Sub Judge, Usilampatti.

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C.SARAVANAN, J.

smn2 Order made in 29.03.2023 4/4