IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.09.2024 Coram THE HON'BLE MR. JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P. No.147 of 2024 &

C.M.P.No.3020 of 2024 V.Abirami ... Petitioner -Versus-

V.Karthik ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure, to withdraw the H.M.O.P.No.1237 of 2023 on the file of the Sub Court, Ambattur and transfer the same to the file of the Sub Court, Kamchipuram to be tried along with H.M.O.P.No.19 of 2024.

For the Petitioner : Mr.S.R.Hemkumar For the Respondent : Served – No appearance

ORDER

The petitioner is the wife. The respondent is the husband. Their marriage was solemnised on 10.06.2022. The wife pleads that the husband suffers from mental illness and therefore, he is under constant medication. She would state that in case medicines are not taken, he would not behave normally. Be that as it may, because of the disputes and differences, the parties have separated on

20.06.2022.

2. Thereafter, the wife has initiated proceedings in H.M.O.P.No.19 of

2024 on the file of the Sub Court, Kanchipuram, seeking for dissolution of marriage, she has invoked Section 13 (i) (i-a) of the Hindu Marriage Act. The husband has also initiated proceedings for divorce, invoking the very same provision and has presented H.M.O.P.No.1237 of 2023. This proceeding is pending on the file of the Sub Court, Ambattur.

3. The petitioner is the permanent resident of Mangadu in Kanchipuram District. The respondent is a resident of Ambattur.

4. The petitioner pleads that when she appears for the case in Ambattur, henchmen engaged by the husband threatened her to do away with her. This incident took place on 29.01.2024. Hence, she pleads that on account of the unruly elements engaged by the husband, the Court in Ambattur is not safe for her to appear and hence, she seeks for transfer.

5. Notice was ordered in the application and the respondent has been served on 09.02.2024. However, he is neither present before this Court nor he represents through a counsel.

6. If I were to transfer the proceedings from Ambattur to Kanchipuram, it will put both the petitioner as well as the respondent to undue hardship. Taking into consideration, the overall circumstances including the fear expressed by the wife, I am inclined to withdraw both the H.M.O.P.No.1237 of 2023 pending on the file of the Sub Court, Ambattur, as well as H.M.O.P.No.19 of 2024 pending on the file of the Sub Court, Kanchipuram and transfer both the proceedings to the file of the Sub Court, Poonamallee. Poonamallee would be closer to Mangadu and Ambattur than Kanchipuram. Therefore, the transfer petition is ordered, not as sought for by the petitioner, but as indicated above.

7. Being the Sub Court, the parties can be represented through their respective counsels, unless and until the learned Judge feels that the appearance of the parties is essential for the disposal of the case. No costs. Consequently, the connected miscellaneous petition is closed.

06.09.2024 Jer V.LAKSHMINARAYANAN, J., Jer Index : yes / no Internet : yes / no Neutral Citation: yes / no Speaking / Non Speaking Order To

1.The Sub Judge Sub Court, Poonamallee.

2.The Sub Judge Sub Court, Ambattur.

3.The Sub Judge Sub Court, Kanchipuram.

Tr.C.M.P.No.147 of 2024 &

C.M.P.No.3020 of 2024

06.09.2024