Madras High Court
Mallika vs Gopal on 6 July, 2022
Tr.C.M.P(MD)No.441 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.441 of 2021
and
C.M.P(MD) No.8518 of 2021
Mallika ... Petitioner
-Vs-
Gopal ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw H.M.O.P.No.1923 of 2021, from the file of the
Family Court, Chennai and to transfer the same to the file of the Sub
Court, Lalgudi, Trichy District and consequently direct the transferee
Court to deal with the said case in accordance with law.
For Petitioner : Mr.M.Pitchai Muthu
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.1923 of 2021, from
the file of the Family Court, Chennai to the Sub Court, Lalgudi, Trichy
District.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.441 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 11.06.2009, as per the Hindu Rites and Customs. Out of
the wedlock, they were blessed three children. Subsequently, due to some
difference of opinion, the husband filed H.M.O.P.No.1923 of 2021
before the Family Court, Chennai seeking divorce. Since the
petitioner/wife is a resident of Lalkudi, she filed this present Transfer
Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.
1923 of 2021 from the file of Family Court, Chennai to the Subordinate
Court, Lalkudi, Trichy District.
3.The learned counsel appearing for the petitioner submits
that the distance between Chennai and Trichy is around 350 kms and it is
very difficult for the petitioner to travel such a long distance for
appearing before the Family Court, Chennai, for each and every hearing.
4.Though notice was served on the respondent, there is no
representation for him.
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Tr.C.M.P(MD)No.441 of 2021
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.1923 of 2021
on the file of the Family Court, Chennai is withdrawn and ordered to be
transferred to the file of the Subordinate Court, Lalkudi, Trichy District.
The learned Judge, Family Court, Chennai is directed to transmit the
entire case records to the Subordinate Court, Lalkudi, Trichy District
forthwith and the learned Subordinate Judge, Lalkudi, 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.441 of 2021
To
1.The Family Court,Chennai
2.The Subordinate Court, Lalkudi, Trichy
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.441 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.441 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
