Sharmila Devi vs A.Arun Kumar
2022 Latest Caselaw 12056 Mad

                                                                              TR.C.M.P(MD).No.143 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.143 of 2022
                                                 C.M.P(MD).No.2745 of 2022


                     Sharmila Devi                                                       ... Petitioner

                                                             versus

                     A.Arun Kumar                                                      ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw the case in H.M.O.P.No.302 of 2021 on the file of the
                     Sub Court, Tambaram and transfer the same to the Family Court,
                     Srivilliputhur.


                                        For Petitioner         : Mr.M.Pandian

                                        For Respondent         : No-appearance




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https://www.mhc.tn.gov.in/judis
                                                                                TR.C.M.P(MD).No.143 of 2022




                                                            ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No.302 of 2021 from the file of the

Sub Court, Tambaram to the Family Court, Srivilliputhur.

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

marriage between the petitioner and the respondent was solemnized on

09.09.2017, as per the Hindu Rites and Customs. Subsequently, due to some

difference of opinion, the respondent/husband has filed H.M.O.P.No. 302 of

2021 before the Sub Court, Tambaram, seeking divorce. Since the

petitioner/wife is a resident of Srivilliputhur, she filed this present Transfer

Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.302

of 2021 from the file of the Sub Court, Tambaram to the Family Court,

Srivilliputhur.

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

distance between Srivilliputhur and Tambaram is around 541 kms and it is

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.143 of 2022

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

before the Sub Court, Tambaram, 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.302 of 2021 on

the file of the Sub Court, Tambaram is withdrawn and ordered to be

transferred to the file of the Family Court, Srivilliputhur. The learned Judge,

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.143 of 2022

Sub Court, Tambaram, is directed to transmit the entire case records to the

Family Court, Srivilliputhur, forthwith and the learned Judge, Family Court,

Srivilliputhur, who in turn shall dispose of the same as expeditiously as

possible. No costs. Consequently, connected miscellaneous petitions are

closed.

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

To

1.Sub Court, Tambaram

2. Family Court, Srivilliputhur

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.143 of 2022

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.143 of 2022

06.07.2022

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