Madras High Court
M.Mathi vs S.Navarathinam on 6 July, 2022
Tr.C.M.P(MD)No.445 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.445 of 2021
and
C.M.P(MD) No.8588 of 2021
M.Mathi ... Petitioner
-Vs-
S.Navarathinam ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the case in H.M.O.P.No.17 of 2021, on the file of the
Sub Court, Tuticorin and to transfer the same to the file of the Family
Court, Tirunelveli.
For Petitioner : Mr.G.Mohan Kumar
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.17 of 2021 from the
file of the Sub Court, Tuticorin to the file of the Family Court,
Tirunelveli.
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Tr.C.M.P(MD)No.445 of 2021
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent was
solemnized on 16.05.2010, as per the Hindu Rites and Customs. Out of
the wedlock, they were blessed with two children. Subsequently, due to
some difference of opinion, the respondent filed H.M.O.P.No.17 of 2021,
seeking divorce, before the Subordinate Court, Tuticorin. The petitioner
filed H.M.O.P.No.259 of 2021, seeking Restitution of Conjugal rights,
before the Family Court, Tirunelveli. She has also filed Maintenance
Case in M.C.No.47 of 2021, before the Family Court, Tirunelveli. Since
the petitioner/wife is a resident of Tirunelveli, she filed this present
Transfer Civil Miscellaneous Petition to transfer the proceedings in
H.M.O.P.No.17 of 2021 from the file of the Subordinate Court, Tuticorin
to the Family Court, Tirunelveli.
3.The learned counsel appearing for the petitioner submits
that it is very difficult for the petitioner to travel from Tirunelveli to
Tuticorin, leaving her children to appear before the Subordinate Court,
Tuticorin, for each and every hearing.
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Tr.C.M.P(MD)No.445 of 2021
4.Though notice was served on the respondent, there is no
representation for him.
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.17 of 2021 on
the file of the Subordinate Court, Tuticorin is withdrawn and ordered to
be transferred to the file of the Family Court, Tirunelveli. The learned
Subordinate Judge, Tuticorin is directed to transmit the entire case
records to the Family Court, Tirunelveli forthwith and the learned Judge,
Family Court, Tirunelveli, who in turn shall dispose of the same as
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Tr.C.M.P(MD)No.445 of 2021
expeditiously as possible. No costs. Consequently, connected
miscellaneous petition is closed.
06.07.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Subordinate Court, Tuticorin.
2.The Family Court, Tirunelveli.
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.445 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.445 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
