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Durga vs Senthilkumar on 9 September, 2019

Tr.C.M.P. No.564 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.09.2019

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

Tr. C.M.P. No. 564 of 2019
and C.M.P.No.15891 of 2019

Durga … Petitioner

-vs-

Senthilkumar … Respondent

Prayer : Petition filed under Section 24 of C.P.C to withdraw the
H.M.O.P.No.10 of 2019 on the file of Subordinate Court, Mannarkudi,
Thiruvarur District and to transfer the same to the Subordinate Court,
Neyveli, Cuddalore District.

For Petitioner : Mr.A.L.Gandhimathi

For Respondent : Mr.P.Sesubalan

ORDER

The Transfer C.M.P. has been filed to withdraw the H.M.O.P.No.10

of 2019 on the file of the Subordinate Court, Mannargudi, Thiruvarur

District and transfer the same to the Subordinate Court, Neyveli,

Cuddalore.

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Tr.C.M.P. No.564 of 2019

2. The case of the petitioner is that the marriage between the

petitioner and the respondent was solemnized on 10.02.2016 at

T.R.G.Thirumana Mandapam, Mannargudi, as per Hindu Rites and

Customs. The petitioner and the respondent were living at Bangalore for

some time and there is a rift between the parties. While so, the respondent

had proceeded to USA and it is alleged that the respondent / husband did

not take care of the petitioner / wife properly. After some time, the

petitioner also went to USA, at that time, she was pregnant and was living

there for three months, later, she came to India on 06.03.2017 and staying

with her parents. All of a sudden, the respondent had filed a Divorce

Petition in H.M.O.P.No.10 of 2019 before the Subordinate Court,

Mannargudi on 07.01.2019, seeking divorce stating bald allegations. Since

the petitioner has to take care of her child, she seeks transfer of

H.M.O.P.No.10 of 2019 to the Subordinate Court, Neyveli.

3. The learned counsel for the petitioner submits that since the baby

is now two years old, it will not be possible for the petitioner to travel up to

Mannargudi and hence she seeks transfer of H.M.O.P.No.10 of 2019 to

Subordinate Court, Neyveli.

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Tr.C.M.P. No.564 of 2019

4. The learned counsel for the respondent / husband submits that

the respondent is working at Bangalore and it is not possible for him to

travel from Bangalore to Chennai and then to Mannargudi or to Neyveli.

5. Heard the learned counsel on either side and perused the

materials placed on record.

6. At this stage, the learned counsel on either side, seeks a direction

from this Court to transfer the case to the Subordinate Court,

Virudhachalam, since both the parties have expressed their convenience to

transfer the case to Subordinate Court, Virudhachalam, which is only 29

Kms from the petitioner’s residence and it will also be easier for the

respondent / husband to travel from Bangalore to Virudhachalam.

7. Considering the facts expressed by the learned counsel for the

petitioner as well as the learned counsel for the respondent that it will be

convenient for the parties to appear before the Subordinate Court,

Virudhachalam and taking note of the difficulties expressed by them, this

Court is inclined to allow this petition with a direction. Accordingly, the

H.M.O.P.No.10 of 2019 pending on the file of Subordinate Court,

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Tr.C.M.P. No.564 of 2019

Mannargudi, Thiruvarur District is hereby withdrawn and transferred to the

Subordinate Court, Virudhachalam for the convenience of the parties.

8. On hearing the submissions of the learned counsel on either side,

this Court is of the view that if the petitioner / wife is willing to claim the

expenses to be incurred for travelling from her house to the Court at

Virudhachalam, she is at liberty to claim the same from the respondent and

if the claim is made, the respondent / husband is directed to reimburse

both the expenses [to and fro] to be incurred by the petitioner as well as

her parents or whoever accompanies her.

In fine, the present Tr.C.M.P. Is allowed with the aforesaid direction.

Consequently, connected miscellaneous petition is closed. No costs.

09.09.2019

Index: Yes / no

Internet: Yes/No

Note: Registry is directed to issue copy on 16.09.2019 and mark a
copy of the order to the Subordinate Court, Virudhachalam.

ssd

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Tr.C.M.P. No.564 of 2019

To

1.The Subordinate Court,
Mannargudi, Thiruvarur District

2. The Subordinate Court,
Neyveli, Cuddalore District.

3. The Subordinate Court,
Virudhachalam

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Tr.C.M.P. No.564 of 2019

V.BHAVANI SUBBAROYAN,J.

ssd

Tr. C.M.P. No. 564 of 2019
and C.M.P.No.15891 of 2019

09.09.2019

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http://www.judis.nic.in

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