B.Gokula Divya Roopa vs K.Rajeshkumar
2022 Latest Caselaw 11697 Mad

                                                                        Tr.C.M.P(MD)No.30 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.30 of 2022
                                                    and
                                          C.M.P(MD) No.539 of 2022

                     B.Gokula Divya Roopa                                    ... Petitioner

                                                        -Vs-

                     K.Rajeshkumar                                            ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw the case in H.M.O.P.No.92 of 2021 on the file of the
                     Ramanathapuram Sub Court and transfer the same to the Sub Court,
                     Madurai.
                                       For Petitioner      : No appearance
                                       For Respondent      : Mrs.A.Banumathy

                                                   ORDER

This Transfer Civil Miscellaneous Petition has been filed

seeking transfer of the proceedings in H.M.O.P.No.92 of 2021 from the

file of the Sub Court, Ramanathapuram to the Sub Court, Madurai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.30 of 2022

2.Today(01.07.2022), when the matter is taken up for

hearing, there is no representation for the petitioner.

3.The learned Counsel appearing for the respondent submits

that the respondent is not having any objection in allowing this petition.

4.It is seen from the affidavit filed in support of this petition,

that the marriage between the petitioner and the respondent was

solemnized on 04.11.2020, as per the Hindu Rites and Customs.

Subsequently, due to some difference of opinion, the husband filed

H.M.O.P.No.92 of 2021 before the Sub Court, Ramanathapuram, seeking

divorce. Since the petitioner/wife is a resident of Madurai, she filed this

present Transfer Civil Miscellaneous Petition to transfer the proceedings

in H.M.O.P.No.92 of 2021 from the file of the Sub Court,

Ramanathapuram, to the Sub Court, Madurai.

5.This Court, being satisfied with the reasons stated in the

affidavit filed in support of this petition, considering that there is no

objection on the side of the respondent and also taking into consideration

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.30 of 2022

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.92 of 2021 on

the file of the Sub Court, Ramanathapuram is withdrawn and ordered to

be transferred to the file of the Sub Court, Madurai. The learned Sub

Judge, Ramanathapuram is directed to transmit the entire case records to

the Sub Court, Madurai forthwith and the learned Judge, Sub Court,

Madurai, 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

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.30 of 2022

To

1.The Sub Court, Ramanathapuram.

2.The Sub Court, Madurai.

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.30 of 2022

B.PUGALENDHI, J.

vrn

Order made in Tr.C.M.P(MD)No.30 of 2022

01.07.2022

https://www.mhc.tn.gov.in/judis