Madras High Court
Ramya vs Dhinesh on 27 January, 2023
Tr.C.M.P(MD)No.562 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.562 of 2022
and
C.M.P(MD) No.8961 of 2022
Ramya ... Petitioner
-Vs-
Dhinesh ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the H.M.O.P.No.86 of 2022 on the file of the Sub
Court, Pattukottai and transfer the same to the file of the Sub Court,
Aranthangi.
For Petitioner : Mr.T.Lenin Kumar
For Respondent : Ms.A.Banumathy
ORDER
This Transfer Civil Miscellaneous Petition is filed seeking transfer
of the proceedings in H.M.O.P.No.86 of 2022 from the file of the Sub
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Tr.C.M.P(MD)No.562 of 2022
Court, Pattukottai to the Sub Court, Aranthangi.
2.The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
15.03.2018, as per the Hindu Rites and Customs. Subsequently, due to
some difference of opinion, they separated. The respondent filed
H.M.O.P.No.86 of 2022, before the Sub Court, Pattukottai, seeking
divorce. Since the petitioner/wife is a resident of Pandikudi Village,
Aranthangi Tlauk, Pudukottai District, she filed this present Transfer
Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.
86 of 2022 from the file of the Sub Court, Pattukottai to the Sub Court,
Aranthangi.
3.The learned counsel appearing for the petitioner submits
that the petitioner is having three years old child and the distance
between Pattukottai and Aranthangi is around 63 kms and it is very
difficult for the petitioner to travel such a long distance for appearing
before the Sub Court, Pattukottai, for each and every hearing.
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Tr.C.M.P(MD)No.562 of 2022
4.The learned counsel appearing for the respondent strongly
objects for transfer of the proceedings in H.M.O.P.No.86 of 2022 from
the file of the Sub Court, Pattukottai to the Sub Court, Aranthangi.
5.The Hon'ble Apex Court in the case of Amitha Shah vs-
Virendar Lal Shah, reported in (2003)10 SCC 609, has held that the
convenience of the wife and more particularly the child must be taken
into account while deciding the petition for transfer. Further, 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.Though the learned counsel appearing for the respondent
raised certain objections for transfer of the proceedings, 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.
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Tr.C.M.P(MD)No.562 of 2022
7.In the light of the above, this transfer civil miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.86 of 2022, on
the file of the Sub Court, Pattukkottai, is withdrawn and ordered to be
transferred to the file of the Sub Court, Aranthangi. The learned
Subordinate Judge, Pattukkottai, is directed to transmit the entire case
records to the Sub Court, Aranthangi, forthwith and the learned
Subordinate Judge, Aranthangi, 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 Subordinate Judge, Pattukottai.
2. The Subordinate Judge, Aranthangi.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.562 of 2022
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.562 of 2022
B.PUGALENDHI, J.
cp
Order made in
Tr.C.M.P(MD)No.562 of 2022
and
C.M.P(MD) No.8961 of 2022
27.01.2023
https://www.mhc.tn.gov.in/judis
