Pavithra vs Dhamodara Kannan
2022 Latest Caselaw 12051 Mad

                                                                               TR.C.M.P(MD).No.72 of 2022

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 06.07.2022

                                                           CORAM:

                                    THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                 TR.C.M.P(MD).No.72 of 2022
                                                           and
                                                 C.M.P(MD).No.1581 of 2022

                     Pavithra                                                       ... Petitioner

                                                             versus

                     Dhamodara Kannan                                                 ... Respondent



                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw H.M.O.P.No.1220 of 2021 pending on the file of the
                     Additional Family Court, Coimbatore and transfer the same to the Family
                     Court, Sivagangai.


                                        For Petitioner         : Mr.K.Gokul

                                        For Respondent         : No-appearance




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                TR.C.M.P(MD).No.72 of 2022




                                                            ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No. 1220 of 2021 from the file of

the Additional Family Court, Coimbatore to the Family Court, Sivagangai.

2. The petitioner is the wife and the respondent is the husband. The

marriage between the petitioner and the respondent was solemnized on

12.12.2018, as per the Hindu Rites and Customs. Subsequently, due to some

difference of opinion, the respondent/husband has filed H.M.O.P.No. 1220

of 2021 before the Additional Family Court, Coimbatore seeking divorce.

Since the petitioner/wife is a resident of Sivagangai, she filed this present

Transfer Civil Miscellaneous Petition to transfer the proceedings in

H.M.O.P.No. 1220 of 2021 from the file of the Additional Family Court,

Coimbatore to the Family Court, Sivagangai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.72 of 2022

3.The learned counsel appearing for the petitioner submits that the

distance between Sivagangai and Coimbatore is around 260 kms and it is

very difficult for the petitioner to travel such a long distance for appearing

before the Additional Family Court, Coimbatore for each and every hearing.

4.Though notice was ordered to the respondent, there is no

representation for the respondent.

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

Hon'ble 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. 1220 of 2021 on

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.72 of 2022

the file of the Additional Family Court, Coimbatore is withdrawn and

ordered to be transferred to the file of the Family Court, Sivagangai. The

learned Judge, Additional Family Court, Coimbatore is directed to transmit

the entire case records to the Family Court, Sivagangai forthwith and the

learned Judge, Family Court, Sivagangai, who in turn shall dispose of the

same as expeditiously as possible. No costs. Consequently, connected

miscellaneous petition is closed.

06.07.2022 ssb Index : Yes / No Internet: Yes / No

To

1. The Additional Family Court, Coimbatore

2. The Family Court, Sivagangai

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.72 of 2022

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.72 of 2022

06.07.2022

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