Hencilin Kavitha v. Clementine Joe

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.06.2017 Coram :

The Honourable Ms.Justice V.M.VELUMANI Tr.C.M.P.No.622 of 2015 and M.P.No.1 of 2015 Hencilin Kavitha

...Petitioner

Vs Clementine Joe

...Respondent

PRAYER:

TRANSFER PETITION filed under Section 24 of Civil Procedure Code praying to withdraw and transfer the divorce petition filed in IDOP.No.8 of 2014 before the Principal District Court at Chengalpat to the Principal District Court at Nagerkoil in Kanniyakumari District to proceed with the case. For Petitioner : Mr.S.Azhagamperumal For Respondent :

*Mr.G.Varghese

ORDER

This Petition is filed to withdraw IDOP.No.8 of 2014 from the file of the Principal District Court, Chengalpat and transfer to the file of the Principal District Court at Nagerkoil in Kanniyakumari District.

2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 02.02.2009 as per Christian rites and customs. Out of wed-lock, a male child was born to them on 01.02.2012. Due to difference of opinion that arose between the petitioner and respondent, both of them are living separately. The respondent filed IDOP.No.8 of 2014 against the petitioner-wife on the file the Principal District Court at Chengalpat for divorce.

3. According to the petitioner, she is residing in Kanyakumari District along with her minor child in her parents house. The distance between Kanyakumari and Chengalpet is more than 700 kms and hence, it is very difficult for her to travel from Kanyakumari to Chengalpet to attend the hearing.

Therefore, she prays for transfer of IDOP.No.8 of 2014 from the

file of the Principal District Court, Chengalpat, to the file of the Principal District Court, Nagerkoil in Kanniyakumari District.

*4. Heard the learned counsel for the petitioner. *5. It is well settled law that 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]. *6. Having regard to the submissions made by the learned counsel for the petitioner along with the above decisions, the petition in IDOP.No.8 of 2014 is ordered to be withdrawn from the file of the Principal District Court at Chengalpat and transfer to the file of the Principal District Court at Nagerkoil in Kanniyakumari District. The Principal District Court, Chengalpat, is directed to transmit all the records pertaining to IDOP.No.8 of 2014 to the file of the Principal District Court at Nagerkoil in Kanniyakumari District, within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar *Amended as per the order of this court dated 30.06.2017 made in Tr CMP.No.622/15 -s/dAssistant Registrar(CSVI) dt 14/07/2017 //True Copy// Sub Assistant Registrar gv

To

1. The Principal District Court, To be Substituted for the Chengalpat.

orders already despatched on 28/06/2017

2. The Principal District Court, Nagerkoil, Kanniyakumari District.

+2ccs to Mr.S.Azhagam Perumal, Advocate, S.R.No.41931 +1cc to Mr.G.Varghese, Advocate, S.R.No.46404 Tr.C.M.P.No.622 of 2015 and M.P.No.1 of 2015 AD(CO) RS(27/06/2017) rs(co) aa14/07/2017