Madras High Court
Umabarathi vs Vignesh on 1 July, 2022
Tr.C.M.P(MD)No.389 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.389 of 2021
and
C.M.P(MD) No.7720 of 2021
Umabarathi ... Petitioner
-Vs-
Vignesh ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw H.M.O.P.No.139 of 2021 pending on the file of the
Principal Sub Court, Kovilpatti and to transfer the same to the Family
Court, Madurai.
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.139 of 2021 from the
file of the Principal Sub Court, Kovilpatti to the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.389 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 05.02.2020, as per the Hindu Rites and Customs.
Subsequently, due to some difference of opinion, the husband filed
H.M.O.P.No.139 of 2021 before the Subordinate Court, Kovilpatti,
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.139 of 2021 from the file of the Principal
Sub Court, Kovilpatti to the Family Court, Madurai.
3.The learned counsel appearing for the petitioner submits
that the distance between Kovilpatti and Madurai is around 105 kms and
it is very difficult for the petitioner to travel such a long distance for
appearing before the Principal Subordinate Court, Kovilpatti for each
and every hearing.
4.Though notice was ordered to the respondent, it was
returned with an endorsement “unclaimed”.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.389 of 2021
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 Supreme Court in the judgment reported in 2008(9)SCC
353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar
Gupta), I am 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.139 of 2021 on
the file of the Principal Subordinate Court, Kovilpatti is withdrawn and
ordered to be transferred to the file of the Family Court, Madurai. The
learned Principal Subordinate Judge, Kovilpatti is directed to transmit
the entire case records to the Family Court, Madurai forthwith and the
learned Judge, Family 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.389 of 2021
To
1.The Principal Subordinate Court, Kovilpatti.
2.The Family Court, Madurai.
2.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.389 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.389 of 2021
01.07.2022
https://www.mhc.tn.gov.in/judis
