M.Tamil Selvi vs M.Sakthivel
2022 Latest Caselaw 12054 Mad

                                                                       Tr.C.M.P(MD)No.472 of 2021

                           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.472 of 2021
                                                     and
                                           C.M.P(MD) No.8950 of 2021

                     M.Tamil Selvi                                    ... Petitioner

                                                        -Vs-

                     M.Sakthivel                                       ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw the case in H.M.O.P.No.117 of 2021 from the file of
                     the Principal Subordinate Court, Dindigul and transfer the same to the
                     Subordinate Court, Mudukulathur.
                                        For Petitioner     : Mr.P.Subbiah
                                        For Respondent     : No appearance

                                                    ORDER

This Transfer Civil Miscellaneous Petition has been filed

seeking transfer of the proceedings in H.M.O.P.No.117 of 2021 from the

file of the Principal Subordinate Court, Dindigul to the Subordinate

Court, Mudukulathur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.472 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 13.05.2007, as per Hindu rites and customs. Out of

wedlock, they were blessed with three children. Subsequently, due to

some difference of opinion, they separated. The husband filed

H.M.O.P.No.117 of 2021 before the Principal Subordinate Court,

Dindigul, seeking divorce. Since the petitioner/wife is a resident of

Kadaladi, she filed this present Transfer Civil Miscellaneous Petition to

transfer the proceedings in H.M.O.P.No.117 of 2021 from the file of the

Principal Subordinate Court, Dindigul to the Subordinate Court,

Mudukulathur.

3.The learned counsel appearing for the petitioner submits

that the distance between Dindigul and Mudukulathur is around 185 kms

and it is very difficult for the petitioner to travel such a long distance for

appearing before the Principal Subordinate Court, Dindigul for each and

every hearing.

4.Though notice was served upon the respondent, there is no

representation for the respondent.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.472 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 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.117 of 2021

on the file of Principal Subordinate Court, Dindigul is withdrawn and

ordered to be transferred to the file of the Subordinate Court,

Mudukulathur. The learned Principal Subordinate Judge, Dindigul is

directed to transmit the entire case records to the Subordinate Court,

Mudukulathur forthwith and the learned Sub Judge, Mudukulathur, who

in turn shall dispose of the same as expeditiously as possible. No costs.

Consequently, connected miscellaneous petition is closed.

06.07.2022 Index : Yes/No Internet : Yes/No vrn

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.472 of 2021

To

1.The Principal Subordinate Court, Dindigul

2.The Subordinate Court, Mudukulathur.

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.472 of 2021

B.PUGALENDHI, J.

vrn

Order made in Tr.C.M.P(MD)No.472 of 2021

06.07.2022

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