Madras High Court
D.Sumathi @ Sumipriya vs J.P.Gobinath on 6 July, 2022
TR.C.M.P(MD).No.94 of 2022
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.94 of 2022
and
C.M.P(MD).No.2026 of 2022
D.Sumathi @ Sumipriya ... Petitioner
versus
J.P.Gobinath ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of
C.P.C, to withdraw H.M.O.P.No.11 of 2022 pending on the file of the
Family Court, Sivagangai and transfer the same to the Sub Court,
Devakottai.
For Petitioner : Mr.D.Venkatesh
For Respondent : No-appearance
1/5
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.94 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the proceedings in H.M.O.P.No. 11 of 2022 from the file of the
Family Court, Sivagangai to the Sub Court, Devakottai.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
02.11.2008, as per the Hindu rites and customs. Subsequently, due to some
difference of opinion, the respondent/husband has filed H.M.O.P.No. 11 of
2022 before the Family Court, Sivagangai seeking divorce. Since the
petitioner/wife is a resident of Karaikudi, she filed this present Transfer
Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No. 11
of 2022 from the file of the Family Court, Sivagangai to the Sub Court,
Devakottai.
3.The learned counsel appearing for the petitioner submits that
the distance between Karaikudi and Sivagangai is around 120 kms and it is
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.94 of 2022
very difficult for the petitioner to travel such a long distance for appearing
before the Family Court, Sivagangai for each and every hearing.
4.Though notice was ordered to 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
Hon'ble 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. 11 of 2022 on the
file of the Family Court, Sivagangai is withdrawn and ordered to be
transferred to the file of the Sub Court, Devakottai. The learned Judge,
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.94 of 2022
Family Court, Sivagangai is directed to transmit the entire case records to
the Sub Court, Devakottai forthwith and the learned Judge, Sub Court,
Devakottai, who in turn shall dispose of the same as expeditiously as
possible. No costs. Consequently, connected miscellaneous petition is
closed.
06.07.2022
ssb
Index : Yes / No
Internet: Yes / No
To
1. The Family Court, Sivagangai
2. The Sub Court, Devakottai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.94 of 2022
B.PUGALENDHI, J.
ssb
TR.C.M.P(MD).No.94 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
