Madras High Court
R.Saranya @ Rajalakshmi vs M.R.Chaudhry on 15 June, 2022
Tr.C.M.P(MD)No.418 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.418 of 2021
and
C.M.P(MD) No.8173 of 2021
R.Saranya @ Rajalakshmi ... Petitioner
-Vs-
M.R.Chaudhry ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw and transfer H.M.O.P.No.4 of 2020 from the file of
the Family Court, Ramanathapuram to the Family Court, Trichy.
For Petitioner : Mr.S.C.Herold Singh
For Respondent : Mr.V.Sasikumar
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.4 of 2020 from the
file of the Family Court, Ramanathapuram to the Family Court, Trichy.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.418 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 31.05.2012, as per the Hindu Rites and Customs.
Subsequently, due to some difference of opinion, the husband filed
H.M.O.P.No.4 of 2020 before the Family Court, Ramanathapuram,
seeking divorce. Since the petitioner/wife is a resident of Trichy, she
filed this present Transfer Civil Miscellaneous Petition to transfer the
proceedings in H.M.O.P.No.4 of 2020 from the file of the Family Court,
Ramanathapuram to the Family Court, Trichy.
3.The learned counsel appearing for the petitioner submits
that the distance between Ramanathapuram and Trichy is around
350 kms and it is very difficult for the petitioner to travel such a long
distance for appearing before the Family Court, Ramanathapuram for
each and every hearing.
4.The learned counsel appearing for the respondent submits
that he is not having any objection for allowing this petition.
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Tr.C.M.P(MD)No.418 of 2021
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.4 of 2020 on
the file of the Family Court, Ramanathapuram is withdrawn and ordered
to be transferred to the file of the Family Court, Trichy. The learned
Family Judge, Ramanathapuram is directed to transmit the entire case
records to the Family Court, Trichy forthwith and the learned Judge,
Family Court, Trichy who in turn shall dispose of the same as
expeditiously as possible. No costs. Consequently, connected
miscellaneous petition is closed.
15.06.2022
Index : Yes/No
Internet : Yes/No
vrn
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.418 of 2021
To
1.The Family Judge, Ramanathapuram
2.The Family Court, Trichy
2.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.418 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.418 of 2021
15.06.2022
https://www.mhc.tn.gov.in/judis
