Madras High Court
Nandhini vs Prabhakaran on 6 July, 2022
Tr.C.M.P(MD)No.435 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.435 of 2021
and
C.M.P(MD) No.8403 of 2021
Nandhini ... Petitioner
-Vs-
Prabhakaran ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw H.M.O.P.No.618 of 2018, on the file of the Family
Court, Madurai and transfer the same to the file of the Subordinate Court,
Palladam, Coimbatore District.
For Petitioner : Mr.N.Gayathri
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.618 of 2018 from the
file of Family Court, Madurai to the Subordinate Court, Palladam,
Coimbatore District.
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Tr.C.M.P(MD)No.435 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 11.06.2014, as per the Hindu Rites and Customs. Out of
the wedlock, they were blessed a female baby. Subsequently, due to
some difference of opinion, the husband filed H.M.O.P.No.618 of 2018
before the Family Court, Madurai, seeking Restitution of Conjugal
Rights. The petitioner filed H.M.O.P.No.31 of 2018, seeking divorce
before the Subordinate Court, Palladam. Since the petitioner/wife is a
resident of Palladam, Coimbatore District, she filed this present Transfer
Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.
618 of 2018 from the file of Family Court, Madurai to the Subordinate
Court, Palladam, Coimbatore District.
3.The learned counsel appearing for the petitioner submits
that the distance between Madurai and Palladam is around 250 kms and
it is very difficult for the petitioner to travel such a long distance for
appearing before the Family Court, Madurai, for each and every hearing.
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Tr.C.M.P(MD)No.435 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.618 of 2018 on
the file of the Family Court, Madurai is withdrawn and ordered to be
transferred to the file of the Subordinate Court, Palladam, Coimbatore
District. The learned Judge, Family Court, Madurai is directed to
transmit the entire case records to the Subordinate Court, Palladam,
Coimbatore District forthwith and the learned Judge, Subordinate Court,
Palladam, who in turn shall dispose of the same as expeditiously as
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Tr.C.M.P(MD)No.435 of 2021
possible. No costs. Consequently, connected miscellaneous petition is
closed.
06.07.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Family Court, Madurai.
2.The Subordinate Court, Palladam, Coimbatore.
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.435 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.435 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
