M.Janani v. Premkumar@Sathiyamurthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.14709 of 2023 M.Janani ... Petitioner/Respondent Vs.

Premkumar @ Sathiyamurthi ... Respondent/Petitioner PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 r/w 151 of the Civil Procedure Code, to transfer the case pending on the file of the learned Sub Court, Devakottai in H.M.O.P.No.80 of 2023 to Sub Court, Ramanathapuram.

For Petitioner : Mr.D.Packiaraj For Respondent : Mr.C.Senthil Murugan

ORDER

This petition has been filed to transfer the case pending on the file of the learned Sub Court, Devakottai in H.M.O.P.No.80 of 2023 to Sub Court, Ramanathapuram.

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2.The marriage between the parties was solemnized on 29.08.2022. For some times, they lived peacefully in Thiruppur. Thereafter, trouble was arose between them. Due to which the respondent harassed the petitioner. In the meantime the respondent filed H.M.O.P. before the Sub Court, Devakottai. It is very difficult to the petitioner to travel long distance to attend the case in Devakottai. Hence, she filed this petition seeking transfer of the same to the Sub Court, Ramanathapuram.

3.Pending the proceedings, report was called for from the trial Court as to the stage of the above said H.M.O.P. proceedings. Report has been received stating that the respondent was set exparte in the subject matter. To set aside the exparte order I.A.No.3 of 2024 is pending for filing counter.

4.In view of the above said development, nothing survives for further consideration in this petition. The matter has become infructuous. However, liberty is granted to the petitioner to revive this petition, if any necessity arises after the disposal of the above said I.A.No.3 of 2024. 2/4

5.Accordingly, this transfer civil miscellaneous petition is dismissed as infructuous with the above said liberty. No costs. Consequently, connected miscellaneous petition is closed. 18.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

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

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 18.03.2024 4/4