P.Hilta Mery vs J.Sebastian Arockiyaraj
2022 Latest Caselaw 12060 Mad

                                                                          Tr.C.M.P(MD)No.518 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.518 of 2021
                                                    and
                                          C.M.P(MD) No.9615 of 2021

                     P.Hilta Mery                                        ... Petitioner
                                                        -Vs-
                     J.Sebastian Arockiyaraj                              ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw I.D.O.P.No.39 of 2021, on the file of the learned
                     Principal District Judge, Thanjavur to the learned Principal District
                     Judge, Karur.
                                  For Petitioner     : Mr.R.Mathiyalagan
                                  For Respondent     : Mr.F.Deepak

                                                    ORDER

This Transfer Civil Miscellaneous Petition has been filed

seeking transfer of the proceedings in I.D.O.P.No.39 of 2021 from the

Principal District Court, Thanjavur to the Principal District Court, Karur.

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

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.518 of 2021

husband. The marriage between the petitioner and the respondent was

solemnized on 02.06.2014. Out of the wedlock, they were blessed with a

female child. Subsequently, due to some difference of opinion, the

respondent filed I.D.O.P.No.39 of 2021, seeking divorce, before the

Principal District Judge, Thanjavur. Since the petitioner/wife is a resident

of Karur, she filed this present Transfer Civil Miscellaneous Petition to

transfer the proceedings in I.D.O.P.No.39 of 2021, from the file of the

Principal District Court, Thanjavur to the Principal District Court, Karur.

3.The learned counsel appearing for the petitioner submits

that the distance between Thanjavur and Karur is around 134 kms and it

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

appearing before the Principal District Court, Thanjavur for each and

every hearing.

4.The learned counsel appearing for the respondent objects

for transfer of the proceedings in I.D.O.P.No.39 of 2021 from the file of

the Principal District Court, Thanjavur to the Principal District Court,

Karur.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.518 of 2021

5.However, 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 I.D.O.P.No.39 of 2021 on

the file of the Principal District Court, Thanjavur is withdrawn and

ordered to be transferred to the file of the Principal District Court, Karur.

The learned Principal District Judge, Thanjaur is directed to transmit the

entire case records to the Principal District Court, Karur forthwith and

the learned Principal District Judge, Karur, 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.518 of 2021

To

1.The Principal District Court, Thanjavur

2.The Principal District Court, Karur.

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.518 of 2021

B.PUGALENDHI, J.

vrn

Order made in Tr.C.M.P(MD)No.518 of 2021

06.07.2022

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