Madras High Court
P.Usharani vs S.Saravanakumar on 6 July, 2022
Tr.C.M.P(MD)No.450 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.450 of 2021
and
C.M.P(MD) No.8686 of 2021
P.Usharani ... Petitioner
-Vs-
S.Saravanakumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the Divorce petition in H.M.O.P.No.89 of 2020, on
the file of the Principal Subordinate Court, Karur and to transfer the same
to the Principal Subordinate Court, Trichy.
For Petitioner : Mr.C.K.M.Appaji
For Respondent : Mr.S.Deenadhayalan
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.89 of 2020 from the
file of the Principal Subordinate Court, Karur to the Principal
Subordinate Court, Trichy.
2.The petitioner is the wife and the respondent is the
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Tr.C.M.P(MD)No.450 of 2021
husband. The marriage between the petitioner and the respondent was
solemnized on 17.01.2010, as per Hindu rites and customs. Out of
wedlock, they were blessed with a male child. Subsequently, due to some
difference of opinion, they separated. The husband filed H.M.O.P.No.89
of 2020 before the Principal Subordinate Court, Karur, seeking divorce.
Since the petitioner/wife is a resident of Trichy, she filed this present
Transfer Civil Miscellaneous Petition to transfer the proceedings in
H.M.O.P.No.89 of 2020 from the file of the Principal Subordinate Court,
Karur to the Principal Subordinate Court, Trichy.
3.The learned counsel appearing for the petitioner submits
that the distance between Karur and Trichy is around 180 kms and it is
very difficult for the petitioner to travel such a long distance for
appearing before the Principal Subordinate Court, Karur for each and
every hearing.
4.The learned counsel appearing for the respondent objects
for transfer of the proceedings in H.M.O.P.No.89 of 2020 from the file of
the Principal Subordinate Court, Karur to the Principal Subordinate
Court, Trichy.
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Tr.C.M.P(MD)No.450 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.89 of 2020
on the file of Principal Subordinate Court, Karur is withdrawn and
ordered to be transferred to the file of the Principal Subordinate Court,
Trichy. The learned Principal Subordinate Judge, Karur is directed to
transmit the entire case records to the Principal Subordinate Court,
Trichy forthwith and the learned Principal Subordinate Judge, Trichy,
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
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Tr.C.M.P(MD)No.450 of 2021
To
1.The Principal Subordinate Court, Karur.
2.The Principal Subordinate Court, Trichy.
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.450 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.450 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
