P.Jeyanthi vs P.Vijayakumar
2022 Latest Caselaw 12070 Mad

                                                                       Tr.C.M.P(MD)No.529 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.529 of 2021
                                                    and
                                          C.M.P(MD) No.9682 of 2021
                     P.Jeyanthi                                    ... Petitioner

                                                      -Vs-
                     P.Vijayakumar                                     ... Respondent
                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw the case pending in H.M.O.P.No.195 of 2021 on the
                     file of the Subordinate Judge, Tirumangalam, Madurai District and to
                     transfer the same to the file of the Subordinate Judge, Aruppukottai,
                     Virudhunagar District and to direct to try the same along with
                     H.M.O.P.No.191 of 2021, pending on the file of the Subordinate Court,
                     Aruppukottai.
                                       For Petitioner     : Mr.G.Mariappan
                                       For Respondent     : No appearance

                                                   ORDER

This Transfer Civil Miscellaneous Petition has been filed

seeking transfer of the proceedings in H.M.O.P.No.195 of 2021 from the

file of the Subordinate Court, Tirumangalam, Madurai to the file of the

Subordinate Court, Aruppukottai, Virudhunagar District to try along with

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.529 of 2021

H.M.O.P.No.191 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 29.06.2012, as per the Hindu Rites and Customs. Out of

the wedlock, they were blessed with a male child. Subsequently, due to

some difference of opinion, the respondent filed H.M.O.P.No.195 of

2021, before the Subordinate Court, Tirumangalam, seeking divorce. The

petitioner filed H.M.O.P.No.191 of 2021, before the Subordinate Court,

Aruppukottai, seeking Restitution of Conjugal rights. Since the

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

Transfer Civil Miscellaneous Petition to transfer the proceedings in

H.M.O.P.No.195 of 2021 from the Subordinate Court, Tirumangalam,

Madurai to the Subordinate Court, Aruppukottai, Virudhunagar District,

to try along with H.M.O.P.No.191 of 2021, pending on its file.

3.The learned counsel appearing for the petitioner submits

that the distance between Tirumangalam and Aruppukkottai is around

50kms and it is very difficult for the petitioner to travel such a long

distance for appearing before the Subordinate Court, Tirumangalam for

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.529 of 2021

each and every hearing. He further submits that if the cases are tried by

different Courts, there is possibility of conflicting decisions.

4.Though notice was served upon 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 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.195 of 2021 on

the file of Subordinate Court, Tirumangalam, Madurai is withdrawn and

ordered to be transferred to the file of the Subordinate Court,

Aruppukottai, Virudhunagar District. The learned Subordinate Judge,

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.529 of 2021

Tirumangalam is directed to transmit the entire case records to the

Subordinate Court, Aruppukottai, Virudhunagar District forthwith and

the learned Subordinate Judge, Aruppukkottai, who in turn shall dispose

of the same as expeditiously as possible, along with H.M.O.P.No.191 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 Subordinate Court, Tirumangalam, Madurai.

2.The Subordinate Court, Aruppukottai, Virudhunagar District.

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.529 of 2021

B.PUGALENDHI, J.

vrn

Order made in Tr.C.M.P(MD)No.529 of 2021

06.07.2022

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