Madras High Court
C.Jayapriya vs K.Asaikumar on 6 July, 2022
Tr.C.M.P(MD)No.452 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.452 of 2021
and
C.M.P(MD) No.8724 of 2021
C.Jayapriya ... Petitioner
-Vs-
K.Asaikumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the case in H.M.O.P.No.147 of 2019, on the file of
the learned Principal Sub Court, Dindigul and transfer the same to the
file of the Subordinate Court at Pollachi to be tried along with
H.M.O.P.No.69 of 2021 and to dispose of the same in accordance with
law.
For Petitioner : Mr.K.Srinivasaraghavan
For Respondent : Mr.S.V.Muthusamundeeswaran
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.147 of 2019 from the
file of the Principal Sub Court, Dindigul to the Subordinate Court,
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Tr.C.M.P(MD)No.452 of 2021
Pollachi, to be tried along with H.M.O.P.No.69 of 2021 pending on its
file.
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent was
solemnized on 12.02.2016, as per the Hindu Rites and Customs. Out of
wedlock, they have blessed with a female baby. Subsequently, due to
some difference of opinion, the respondent filed H.M.O.P.No.147 of
2019, seeking divorce, before the Principal Subordinate Court, Dindigul.
The petitioner filed H.M.O.P.No.69 of 2021, for the relief of Restitution
of Conjugal Rights, before the Subordinate Court, Pollachi. Since the
petitioner/wife is a resident of Pollachi, she filed this present Transfer
Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.
147 of 2019 from the file of the Principal Subordinate Court, Dindigul to
the Subordinate Court, Pollachi to be tried along with H.M.O.P.No.69 of
2021 pending on its file.
3.The learned counsel appearing for the petitioner submits
that the distance between Dindigul and Pollachi is around 130 kms and it
is very difficult for the petitioner to travel such a long distance for
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Tr.C.M.P(MD)No.452 of 2021
appearing before the Principal Subordinate Court, Dindigul for each and
every hearing. He further submits that if the cases are tried by different
Courts, there is possibility of conflicting decisions.
4.The learned counsel appearing for the respondent objects
for transfer of the proceedings in H.M.O.P.No.147 of 2019 from the file
of the Principal Sub Court, Dindigul to the Subordinate Court, Pollachi
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 H.M.O.P.No..147 of 2019 on
the file of the Principal Sub Court, Dindigul is withdrawn and ordered to
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Tr.C.M.P(MD)No.452 of 2021
be transferred to the file of the Subordinate Court, Pollachi. The learned
Principal Subordinate Judge, Dindigul is directed to transmit the entire
case records to the Subordinate Court, Pollachi forthwith and the learned
Subordinate Judge, Pollachi, who in turn shall dispose of the same as
expeditiously as possible along with H.M.O.P.No.69 of 2021 pending on
its file. No costs. Consequently, connected miscellaneous petition is
closed.
06.07.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Principal Subordinate Court, Dindigul
2.The Subordinate Court, Pollachi
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.452 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.452 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
