A.Prabavathi vs Arumuga Nainar @ Ramesh
2023 Latest Caselaw 1085 Mad

                                                                             Tr.C.M.P(MD)No.731 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 27.01.2023

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                Tr.C.M.P(MD)No.731 of 2022
                                                          and
                                                C.M.P(MD) No.11619 of 2022

                     A.Prabavathi                                                  ... Petitioner
                                                             -Vs-

                     Arumuga Nainar @ Ramesh                                       ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw the case in H.M.O.P.No.118 of 2022 on the file of
                     the Sub Court, Ambasamudram, Tirunelveli District and transfer the
                     same to the Sub Court, Thiruchendur, Thoothukudi District.


                                        For Petitioner    : Mr.I.Pinaygash

                                        For Respondent    : No appearance


                                                         ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No.118 of 2022 from the file of

the Sub Court, Ambasamudram, Tirunelveli District, to the Sub Court,

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.731 of 2022

Thiruchendur, Thoothukudi District.

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

marriage between the petitioner and the respondent was solemnized on

14.06.2019, as per the Hindu Rites and Customs. Subsequently, due to

some difference of opinion, the respondent has filed H.M.O.P.No.118 of

2022 before the Sub Court, Ambasamudram, Tirunelveli District, seeking

divorce. Since the petitioner/wife is a resident of Srivaikundam,

Thoothukudi District, she filed this present Transfer Civil Miscellaneous

Petition to transfer the proceedings in H.M.O.P.No.118 of 2022 from the

file of the Sub Court, Ambasamudram, Tirunelveli District, to the Sub

Court, Thiruchendur, Thoothukudi District.

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

distance between Eral and Ambasamudram is around 80 kms and the

petitioner is not having any means to travel such a long distance for

appearing before the Sub Court, Ambasamudram, Tirunelveli District,

for each and every hearing.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.731 of 2022

4. Though notice was served on the respondent and his name has

been printed in the cause list, there is no representation on behalf of him

either in person or through his counsel.

5.The Hon'ble Apex Court in the case of Amitha Shah vs-

Virendar Lal Shah, reported (2003)10 SCC 609 has held that the

convenience of the wife and more so of the child must be taken into

account while deciding the petition for transfer and in the case of Rajani

Kishor Paradeshi Vs Kishor Babulal Paradeshi reported in (2005) 12

SCC 237, the Hon'ble Apex Court has held that in such type of transfer

petitions, the convenience of the wife is to be preferred over the

convenience of the husband.

6.This Court being satisfied with the reasons stated in the affidavit

filed in support of this petition and also taking into consideration that the

convenience of wife is to be taken into consideration at the time of

considering transfer petitions as held by the Hon'ble Supreme Court in

the judgments cited supra, is inclined to allow the present petition.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.731 of 2022

7.In the light of the above, this transfer civil miscellaneous petition

stands allowed. The proceedings in H.M.O.P.No.118 of 2022 on the file

of the Sub Court, Ambasamudram, Tirunelveli District, is withdrawn and

ordered to be transferred to the file of the Sub Court, Thiruchendur,

Thoothukudi District. The learned Subordinate Judge, Ambasamudram,

Tirunelveli District, is directed to transmit the entire case records to the

Sub Court, Thiruchendur, Thoothukudi District, forthwith and the

learned Subordinate Judge, Thiruchendur, Thoothukudi District, who in

turn shall dispose of the same as expeditiously as possible. No costs.

Consequently, connected miscellaneous petition is closed.

27.01.2023

NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To

1.The Sub Court, Ambasamudram, Tirunelveli District.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.731 of 2022

2.The Sub Court, Thiruchendur, Thoothukudi District.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.731 of 2022

B.PUGALENDHI, J.

cp

Order made in Tr.C.M.P(MD)No.731 of 2022 and C.M.P(MD) No.11619 of 2022

27.01.2023

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