Y.Susikala vs T.Aasaithambi
2022 Latest Caselaw 12105 Mad

                                                                              TR.C.M.P(MD).No.134 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.134 of 2022
                                                           and
                                                 C.M.P(MD).No.2590 of 2022

                     Y.Susikala                                                  ... Petitioner

                                                             versus

                     T.Aasaithambi                                                  ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw and transfer S.M.O.P.No.135 of 2021 on the file of the
                     Principal District Court, Thanjavur to the Principal District Court, Dindigul.


                                        For Petitioner         : Mr.V.R.G.Mohan

                                        For Respondent         : No-appearance




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https://www.mhc.tn.gov.in/judis
                                                                                  TR.C.M.P(MD).No.134 of 2022



                                                             ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in S.M.O.P.No.135 of 2021 from the file of the

Principal District Court, Thanjavur to the Principal District Court, Dindigul.

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

marriage between the petitioner and the respondent was solemnized on

18.08.1999, as per the Hindu Rites and Customs. Subsequently, due to some

difference of opinion, the husband filed S.M.O.P.No.135 of 2021 before the

Principal District Court, Thanjavur, seeking divorce. Since the

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

present Transfer Civil Miscellaneous Petition to transfer the proceedings in

S.M.O.P.No.135 of 2021 from the file of the Principal District Court,

Thanjavur to the Principal District Court, Dindigul.

3.The learned counsel appearing for the petitioner submits that

the distance between Kodaikanal and Thanjavur is around 350 kms and it is

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

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.134 of 2022

before the Principal District Court, Thanjavur, 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 S.M.O.P.No.135 of 2021 on the

file of the Principal District Court, Thanjavur is withdrawn and ordered to

be transferred to the file of the Principal District Court, Dindigul. The

learned Principal District Judge, Thanjavur, is directed to transmit the entire

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.134 of 2022

case records to the Principal District Court, Dindigul forthwith and the

learned Principal District Judge, Dindigul, 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. Principal District Court, Thanjavur

2.Principal District Court, Dindigul.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.134 of 2022

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.134 of 2022

06.07.2022

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