Madras High CourtTR CMP(MD)/652/2023disposed of

Roja Ramany v. M.Arunprasad

2023-11-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.14494 of 2023 Roja Ramany ... Petitioner Vs.

M.Arunprasad ... Respondent Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in H.M.O.P.No.225 of 2023 on the file of the learned Sub Court, Thiruvottiyur, and transfer the same to the learned Sub Court, Pattukottai.

For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.M.Pitchaimuthu

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case on the file of the Sub Court, Thiruvottiyur, in H.M.O.P.No.225 of 2023 and transfer the same to the Sub Court, Pattukottai. 1/4

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is evident from the records that the marriage between the petitioner and the respondent was solemnized on 10.12.2021 and that subsequently, the respondent has filed a petition in H.M.O.P.No.225 of 2023 for restitution of conjugal rights and the same is pending on the file of the Sub Court, Thiruvottiyur.

4. The learned counsel appearing for the petitioner would submit that the petitioner along with one year old child is residing at Pattukottai, Thanjavur District and she finds it difficult to travel to Thiruvottiyur.

5. The learned counsel appearing for the respondent has raised objection that the petitioner has not shown any valid reason for transferring the case.

6. Considering the above facts and circumstances and also the fact that the petitioner along with one year old child is residing at Pattukottai, 2/4

this Court is inclined to transfer the case in H.M.O.P.No.225 of 2023 from the file of the Sub Court, Thiruvottiyur, to the file of the Sub Court, Pattukottai.

7. Accordingly, the learned Subordinate Judge, Thiruvottiyur, is hereby directed to transmit the entire records in H.M.O.P.No.225 of 2023 to the file of the Sub Court, Pattukottai, within a period of 15 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Subordinate Judge, Pattukottai, is directed to take the petition on file and proceed in accordance with law.

8. With the above direction, this Transfer Civil Miscellaneous Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

29.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm 3/4

K.MURALI SHANKAR ,J.

csm To

1. The Sub Court, Thiruvottiyur.

2. The Sub Court, Pattukottai.

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

Order made in and C.M.P.(MD)No.14494 of 2023 Dated : 29.11.2023 4/4