A.Jeyarani vs P.Vijayarajeshwaran
2022 Latest Caselaw 12058 Mad

                                                                               TR.C.M.P(MD).No.96 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.96 of 2022
                                                           and
                                                 C.M.P(MD).No.2075 of 2022

                     A.Jeyarani                                                       ... Petitioner

                                                             versus

                     P.Vijayarajeshwaran                                              ... Respondent



                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw H.M.O.P.No.33 of 2021 pending on the file of the
                     Family Court, Dindigul and transfer the same to the Sub Court, Tirupathur.


                                        For Petitioner         : Mr.A.Rajini

                                        For Respondent         : No-appearance




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https://www.mhc.tn.gov.in/judis
                                                                                 TR.C.M.P(MD).No.96 of 2022



                                                            ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No. 33 of 2021 from the file of the

Family Court, Dindigul to the Sub Court, Tirupathur.

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

marriage between the petitioner and the respondent was solemnized on

21.06.2012, as per the Hindu Rites and Customs. Subsequently, due to some

difference of opinion, the respondent/husband has filed H.M.O.P.No. 33 of

2021 before the Family Court, Dindigul seeking divorce. Since the

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

Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No. 33

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

Tirupathur.

3.The learned counsel appearing for the petitioner submits that

the distance between Tirupathur and Dindigul is around 90 kms and it is

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.96 of 2022

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

before the Family Court, Dindigul 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. 33 of 2021 on the

file of the Family Court, Dindigul is withdrawn and ordered to be

transferred to the file of the Sub Court, Tirupathur. The learned Judge,

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.96 of 2022

Family Court, Dindigul is directed to transmit the entire case records to the

Sub Court, Tirupathur forthwith and the learned Judge, Sub Court,

Tirupathur, 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 Family Court, Dindigul

2. The Sub Court, Tirupathur.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.96 of 2022

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.96 of 2022

06.07.2022

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