Mrs.Geethalakshmi v. M.Sakthivel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2017 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.114 of 2017 and CMP No.1834 of 2017 Mrs. Geethalakshmi ... Petitioner Vs.

M.Sakthivel ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw the HMOP No.114 of 2016 pending on the file of the Subordinate Judge Court at Perumbalur District and transfer the same to the Family Court at Chennai.

For Petitioner : M/s. B.Gandhi For Respondent : No Appearance

O R D E R

This petition is filed to withdraw the H.M.O.P.No.114 of 2016 pending on the file of Sub Court, Perambalur and to transfer the Family Court, Chennai.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and the respondent was conducted on 27.08.2010. In the wedlock a male child was born on 02.08.2011. Due to difference of opinion, the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.114 of 2016 on the file of Sub Court, Perambalur.

3. According to the petitioner, she is residing at Chennai alongwith her widow mother and minor child. The distance between Chennai and Perambalur is more than 275 kms. and being a lady, it is very difficult for her to attend each and every hearing before the Sub Court, Perambalur along with her minor child. She is not having any independent income and is depending on her aged widow mother for her day-to-day expenses, including the travelling expenses. In these circumstances, she has come out with the present Transfer Civil Miscellaneous Petition.

4. Though notice has been served on the respondent and his name has been printed in the cause list on 23.06.2016, there is https://hcservices.ecourts.gov.in/hcservices/

no representation for the respondent either in person or through counsel. Today also, there is no representation for the respondent.

5. It is well settled law whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another]. Further, the petitioner has also given valid and sufficient reasons to transfer the case in H.M.O.P.No.114 of 2016 filed by the respondent, from the file of Sub Court, Perambalur, to the file of Family Court, Chennai.

6. Considering the facts and circumstances of the present case and having satisfied with the reasons given in the affidavit filed in support of the petition, without deciding the issue on merits, the petition in H.M.O.P.No.114 of 2016 is ordered to be withdrawn from the file of Sub Court, Salem and transferred to the file of Family Court, Chennai. The Presiding Officer, Sub Court, Perambalur is directed to transmit all the records pertaining to H.M.O.P.No.114 of 2016 to the file of Family Court, Chennai within a period of two weeks from the date of receipt of a copy of this order.

7. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rgr To

1. The Subordinate Court, Perambalur.

2. The Family Court, Chennai.

+1cc to M/s. B.Gandhi, Advocate, S.R.No.45396 Tr.C.M.P. No.114 of 2017 CS/18/07/17 https://hcservices.ecourts.gov.in/hcservices/