Madras High Court
Swathy vs K.Prakash on 1 July, 2022
Tr.C.M.P(MD)No.159 of 2022
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.159 of 2022
and
C.M.P(MD) No.2997 of 2022
Swathy ... Petitioner
-Vs-
K.Prakash ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the case in H.M.O.P.No.21 of 2022 on the file of the
learned Principal Sub Court, Kumbakonam, Thanjavur District and
subsequently transfer the same to the learned Sub Court,
Maduranthakam, Chengalpattu District.
For Petitioner : Mr.K.M.Subramaniam
For Respondent : Mr.N.Mohideen Basha
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.21 of 2022 from the
file of the Principal Sub Court, Kumbakonam, Thanjavur District to the
Sub Court, Maduranthakam, Chengalpattu District.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.159 of 2022
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent was
solemnized on 26.08.2013, as per the Hindu Rites and Customs.
Subsequently, due to some difference of opinion, the husband filed
H.M.O.P.No.21 of 2022 before the Principal Subordinate Court,
Kumbakonam, seeking divorce. Since the petitioner/wife is a resident of
Chengalpattu, she filed this present Transfer Civil Miscellaneous Petition
to transfer the proceedings in H.M.O.P.No.21 of 2022 from the file of the
Principal Subordinate Court, Kumbakonam to the Sub Court,
Maduranthakam, Chengalpattu District.
3.The learned counsel appearing for the petitioner submits
that the distance between Kumbakonam and Chengalpattu is around 350
kms and it is very difficult for the petitioner to travel such a long distance
for appearing before the Principal Subordinate Court, Kumbakonam for
each and every hearing.
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Tr.C.M.P(MD)No.159 of 2022
4.The learned counsel appearing for the respondent submits
that the respondent is not having any serious objections in allowing this
petition.
5.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.
6.In the light of the above, this transfer civil miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.21 of 2022 on
the file of the Principal Sub Court, Kumbakonam, Thanjavur District is
withdrawn and ordered to be transferred to the file of the Sub Court,
Maduranthakam, Chengalpattu District. The learned Principal Sub Judge,
Kumbakonam, Thanjavur is directed to transmit the entire case records to
the Sub Court, Maduranthakam, Chengalpattu District forthwith and the
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Tr.C.M.P(MD)No.159 of 2022
learned Judge, Sub Court, Maduranthakam, Chengalpattu District, 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 Principal Sub Court, Kumbakonam, Thanjavur District
2.The Sub Court, Maduranthakam, Chengalpattu District
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.159 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.159 of 2022
01.07.2022
https://www.mhc.tn.gov.in/judis
