Madras High Court
S.Suganya vs A.Paranitharan on 1 July, 2022
Tr.C.M.P(MD)No.331 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.07.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.331 of 2021
and
C.M.P(MD) No.6889 of 2021
S.Suganya ... Petitioner
-Vs-
A.Paranitharan ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw and transfer the proceedings in H.M.O.P.No.556 of
2021, from the file of the Family Court, Madurai District to the Sub
Court, Kovilpatti, Tuticorin District.
For Petitioner : Mr.M.Senthil Kumar
For Respondent : Mr.Jeyasekaran
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.556 of 2021 from the
file of the Family Court, Madurai to the Sub Court, Kovilpatti, Tuticorin
District.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.331 of 2021
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent was
solemnized on 23.05.2021, as per Hindu Rites and Customs. Within 15
days, from the date of marriage, the respondent has sent a legal notice to
the petitioner stating that the petitioner is suffering with some illness and
the respondent is not willing to live with her and he also filed
H.M.O.P.No.556 of 2021 before the Family Court, Madurai seeking
divorce. Since the petitioner/wife is a resident of Turicorin, she filed this
present Transfer Civil Miscellaneous Petition to transfer the proceedings
in H.M.O.P.No.556 of 2021 from the file of the Family Court, Madurai
to the Subordinate Court, Kovilpatti, Tuticorin.
3.The learned counsel appearing for the respondent submits
that the respondent is working in Army and the petitioner suppressed her
illness at the time of marriage and therefore the husband has filed the
petition for divorce. He further submits that there is scope for settlement,
if the matter is referred to Mediation and requested to refer the matter to
mediation.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.331 of 2021
4. Heard the learned counsel on either side and perused the
materials placed on record.
5. This Court issued general instructions to the Counsel that
if the parties want to settle the issue through mediation, they can very
well file a memo before this Court, so that the matter can be referred to
mediation. Even then, the respondent's counsel has made a oral request.
Hence, this Court is not inclined to accept the same.
6. This Court, being satisfied with the reasons stated in the
affidavit filed in support of this petition and also taking into
consideration that it is well settled law that convenience of wife is to be
taken into consideration at the time of considering transfer applications
as held by the Honourable Supreme Court in the judgment reported in
2008(9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra
Kumar Gupta), is inclined to allow the present petition.
7.In the light of the above, this transfer civil miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.556 of 2021 on
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.331 of 2021
the file of the Family Court, Madurai is withdrawn and ordered to be
transferred to the file of the Sub Court, Kovilpatti, Tuticorin. The learned
Judge, Family Court, Madurai is directed to transmit the entire case
records to the Sub Court, Kovilpatti forthwith and the learned Judge, Sub
Court, Kovilpatti, who in turn shall dispose of the same as expeditiously
as possible. No costs. Consequently, connected miscellaneous petition is
closed.
01.07.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Family Court, Madurai.
2.The Sub Court, Kovilpatti, Tuticorin.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.331 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.331 of 2021
01.07.2022
https://www.mhc.tn.gov.in/judis
