N.Abirami Devi v. K.Sugavanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN Tr.C.M.P. No. 462 of 2023 and CMP.No. 10551 of 2023 N. Abirami Devi .. Petitioner

Versus

K. Sugavanan .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the HMOP.No. 10 of 2023 from the file of the VI Additional Subordinate Judge, Hosur, and to transfer the same to the file of the Subordinate Court, Dharmapuri.

For Petitioner : Mr. Elizabeth Ravi For Respondent : Mr. S.C. Vishwanth ----

ORDER

This Transfer Civil Miscellaneous petition is filed to withdraw the HMOP.No. 10 of 2023 from the file of the VI Additional Subordinate Judge, Hosur, and to transfer the same to the file of the Subordinate Court, Dharmapuri.

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2.

The case of the petitioner is that the marriage was solemnized between the petitioner/wife and the respondent/husband on 08.12.2021 as per the Hindu Marriage Act, 1955. After the marriage, there was some difference of opinion between them, the respondent had earlier filed a petition before the HMOP.No. 89 of 2022 on the file of Principal Subordinate Judge, Hosur and the said petition for restitution of conjugal rights was dismissed as withdrawn by order dated 30.08.2022. Immediately, thereafter the respondent has filed HMOP.No. 10 of 2023 on the file of the VI Additional Subordinate Judge, Hosur, with somany false allegations against the petitioner and the case was posted for filing counter.

Now, the petitioner is residing at Uthangarai and she has obtained a Master Degree in Engineer and she is presently pursuing II year LLB Course in Government Law College, Dharmapuri and she is doing her court observation only in District Court and other combined Court Complex, Dharmapuri. After separation of the respondent, she has been residing at Dharmapuri along with her aged parents. Since the parents of the petitioner are aged persons and they are not in a position to render any assistance to the petitioner to conduct the case. Hence, she is unable to travel from Dharmapuri to Hosur to conduct the case for every hearings. Therefore, the petitioner has come forward with the present petition under Section 24 of CPC.

3.

Having regard to the aforesaid facts and circumstances of the case, and taking note of the fact that it is a well settled proposition of law that convenience of the wife is paramount in matrimonial disputes, this Court is inclined to transfer the proceedings. Hence, this Court is of the view that the transfer petition can be ordered on the basis of submission made by the petitioner and facts found in the affidavit filed in support of this petition. Accordingly, HMOP. No. 10 of 2023 from the file of the VI Additional Subordinate Judge, Hosur, is ordered to be withdrawn and the same is hereby transferred to the Sub-Court, Krishnagiri.

4.

Accordingly, the Transfer Civil Miscellaneous petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 19.09.2023 Index:Yes/No Speaking order / Non speaking order MSM To

1. The VI Additional Subordinate Judge, Hosur.

2. The Subordinate Court, Dharmapuri.

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V. BHAVANI SUBBAROYAN, J MSM Tr. C.M.P. No. 462 of 2023 08.09.2023 4/4