Nagadei v. P. Uthayasankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.13263 of 2024 Nagadevi .. Petitioner Vs Uthayasankar.P.

.. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in H.M.O.P.No.317 of 2023 pending on the file of the learned Sub Court, Kovilpatti and transfer the same to the file of the learned Sub Court, Alandur.

For Petitioner : Mr.K.Ponmani For Respondent : No appearance

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.317 of 2023 from the file of the learned Sub Court, Kovilpatti and transfer the same to the file of the learned Sub Court, Alandur.

2. I heard Mr.K.Ponmani for the transfer petitioner. I have gone through the affidavit.

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3. Though notice has been served on the respondent and his name is printed in the cause list, there is no representation for him either in person or through counsel. Since the service has been completed, I took up the transfer petition for disposal.

4. The petitioner married the respondent on 27.05.2018. From the wedlock, they were blessed with a male child. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.317 of 2023 for divorce before the learned Sub Court, Kovilpatti. Pleading that the wife is residing in Pammal, Chennai and unable to travel from Pammal, Chennai to Kovilpatti and that she is taking for some neurological issues at a hospital in Chennai, she has moved this transfer petition.

5. The Parliament, while amending the Hindu Marriage Act, has incorporated Section 19(iii), permitting a wife to initiate a proceeding in a place where she is residing. This is an indication to the Court that the convenience of the wife has to be given precedence by the Court. In line with this Parliamentary amendment, this Court and the Supreme Court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. As the distance 2/4

between Pammal, Chennai and Kovilpatti is considerable and since it will be difficult for the wife to leave the child behind and travel to attend the Court, I am inclined to accept the transfer.

6.Accordingly, H.M.O.P.No.317 of 2023 is withdrawn from the file of the learned Sub Court, Kovilpatti and transferred to the file of the learned Sub Court, Alandur.

7.With the above observations, the Transfer Petition is ordered. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index:Yes/No Speaking order/Non-speaking order KST To 1.The Sub Court, Kovilpatti.

2.The Sub Court, Alandur.

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V. LAKSHMINARAYANAN,J.

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