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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