Ramya vs Ramkumar
2022 Latest Caselaw 12082 Mad

                                                                              TR.C.M.P(MD).No.576 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.576 of 2021
                                                          and
                                                C.M.P(MD).No.10336 of 2021

                     Ramya                                                       ... Petitioner

                                                             versus

                     Ramkumar                                                       ... Respondent



                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw H.M.O.P.No.343 of 2021 pending on the file of the
                     Family Court, Madurai and transfer the same to the Subordinate Court,
                     Palani.


                                        For Petitioner         : Mr.C.Gangai Amaran

                                        For Respondent         : No-appearance




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                TR.C.M.P(MD).No.576 of 2021




                                                               ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No. 343 of 2021 from the file of the

Family Court, Madurai to the Subordinate Court, Palani.

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

marriage between the petitioner and the respondent was solemnized on

11.11.2012. Subsequently, due to some difference of opinion, they were

living separately and the petitioner has filed D.V.O.P petition before the

learned Judicial Magistrate Court, Palani. Thereafter, the

respondent/husband has filed H.M.O.P.No. 343 of 2021 before the Family

Court, Madurai seeking restitution of conjugal rights. Since the

petitioner/wife is a resident of Palani Taluk, Dindigul District, she filed this

present Transfer Civil Miscellaneous Petition to transfer the proceedings in

H.M.O.P.No. 343 of 2021 from the file of the Family Court, Madurai to the

Subordinate Court, Palani.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.576 of 2021

3.The learned counsel appearing for the petitioner submits that

the distance between Palani and Madurai is around 115 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.

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. 343 of 2021 on

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.576 of 2021

the file of the Family Court, Madurai is withdrawn and ordered to be

transferred to the file of the Subordinate Court, Palani. The learned Judge,

Family Court, Madurai is directed to transmit the entire case records to the

Subordinate Court, Palani forthwith and the learned Subordinate Judge,

Palani, 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, Madurai.

2. The Subordinate Court, Palani.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.576 of 2021

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.576 of 2021

06.07.2022

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