S.Sangeetha vs R.Velu
2024 Latest Caselaw 8467 Mad

Madras High Court

S.Sangeetha vs R.Velu on 4 June, 2024

                                                                                  Tr.CMP.No.735 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.06.2024

                                                          CORAM

                          THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                                  Tr.CMP.No.735 of 2023
                                                           and
                                                  C.M.P.No.17769 of 2023


                     S.Sangeetha                                          .. Petitioner

                                                            Vs.

                     R.Velu                                               .. Respondent

                     Prayer : The Transfer Civil Miscellaneous Petition is filed under Section
                     24 of the Code of Civil Procedure, to withdraw the proceeding in
                     H.M.O.P.No.77 of 2022 on the file of the Sub Court at Cheyyar and transfer
                     the same to the file of the Principal Sub Court at Kanchipuram to try along
                     with O.P.No.17 of 2023.
                                                For Petitioner : Mr.R.Anbalagan
                                              For Respondent : Served, No Appearance

                                                          ORDER

The petitioner and the respondent entered into a matrimony on

08.02.2021 at Kanchipuram. Thereafter, the petitioner and the respondent

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have separated.

2. The respondent/husband has initiated divorce proceedings in

H.M.O.P.No.77 of 2022 on the file of the Sub Court at Cheyyar. The

petitioner/wife has initiated divorce proceedings in H.M.O.P.No.17 of 2023

on the file of the Sub Court at Kanchipuram.

3. The petitioner/wife pleads that she is not in a position to attend the

Court hearings at Cheyyar due to distance between Cheyyar and

Kanchipuram, which is about 100 Kms to and fro.

4. Notice was ordered in this transfer petition. Though the

respondent/husband has been served, he has not entered appearance nor he

chooses to oppose this application.

5. Taking into consideration the interest of the wife and also the fact

that there must not be a conflict of judgments, I am inclined to allow this

transfer petition. Hence, the proceeding in H.M.O.P.No. 77 of 2022 pending

on the file of the Sub Court at Cheyyar is withdrawn and it shall stand

transferred to the file of the Sub Court at Kanchipuram to be heard and

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disposed of along with H.M.O.P.No.17 of 2023.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands

allowed. No costs. The connected Civil Miscellaneous Petition is closed.

04.06.2024

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Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No

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V. LAKSHMINARAYANAN, J.

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To

1.The Sub Court, Cheyyar

2.The Sub Court, Kanchipuram

and

04.06.2024

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