Krishnaveni vs P.Subramaniyan
2022 Latest Caselaw 12080 Mad

                                                                               TR.C.M.P(MD).No.620 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.620 of 2021
                                                C.M.P(MD).No.11156 of 2021


                     Krishnaveni                                                          ... Petitioner

                                                             versus

                     P.Subramaniyan                                                     ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw the case in H.M.O.P.No.21 of 2021 on the file of the
                     Sub Court, Nanguneri and transfer the same to the Sub Court, Kovilpatti.


                                        For Petitioner         : Mr.A.Balaji

                                        For Respondent         : Mr.C.K.M.Appaji




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                TR.C.M.P(MD).No.620 of 2021



                                                            ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No.21 of 2021 from the file of the

Sub Court, Nanguneri to the Sub Court, Kovilpatti.

2. The petitioner is the wife and the respondent is the husband. The

marriage between the petitioner and the respondent was solemnized on

26.03.2020, as per the Hindu Rites and Customs. Subsequently, due to some

difference of opinion, the respondent has filed H.M.O.P.No.21 of 2021

before the Sub Court, Nanguneri, seeking divorce. Since the petitioner/wife

is a resident of Kovilpatti, Tuticorin District, she filed this present Transfer

Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.21

of 2021 from the file of the Sub Court, Nanguneri to the Sub Court,

Kovilpatti.

3.The learned counsel appearing for the petitioner submits that the

distance between Kovilpatti and Nanguneri is around 93 kms and it is very

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.620 of 2021

difficult for the petitioner to travel such a long distance for appearing before

the Sub Court, Nanguneri, for each and every hearing.

4.Heard the learned counsel appearing 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.21 of 2021 on the

file of the Sub Court, Nanguneri is withdrawn and ordered to be transferred

to the file of the Sub Court, Kovilpatti. The learned Judge, Sub Court,

Nanguneri, is directed to transmit the entire case records to the Sub Court,

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.620 of 2021

Kovilpatti forthwith and the learned Judge, Sub Court, Kovilpatti, 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.Sub Court, Nanguneri

2. Sub Court, Kovilpatti

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.620 of 2021

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.620 of 2021

06.07.2022

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