Madras High CourtTR CMP/923/2022allowed

P. Ranjini v. Santhosh

2022-11-01Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.15840 of 2022 P.Ranjini ... Petitioner Vs.

Santhosh ... Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, praying to withdraw H.M.O.P.No.114 of 2020 on the file of the Subordinate Court, Chidambaram and to transfer the same to Subordinate Court, Villupuram.

For Petitioner : Ms.S.Abirami For Respondent : Ms.S.Priyadarshini for Mr.E.Kannadasan

ORDER

The petitioner/wife seeks transfer of petition for divorce filed by the respondent/husband in H.M.O.P.No.114 of 2020 pending on the file of the Subordinate Court, Chidambaram to the file of the Subordinate Court, Villupuram.

2. Heard the arguments of the learned counsel for the petitioner and the

learned counsel for the respondent.

3. According to the petitioner/wife, she is residing at Lingareddypalayam, Villupuram District and she is having minor child aged about 3 years. She also averred that the distance between Chidambaram and Villupuram is 80 kms and as a lady, she finds it very difficult to undertake such a long travel to Chidambaram to attend each and every court hearings. Therefore, she filed this transfer petition with the aforesaid prayer.

4. It is settled law that in cases involving matrimonial dispute, the preference shall be given to the convenience of the petitioner/wife.

5. In the case on hand, the petitioner/wife is residing at Lingareddypalayam, within the territorial limits of Subordinate Court, Villupuram and she is having minor child aged about 3 years. She also averred that the distance between Chidambaram and Villupuram is 80 kms and as a lady, she finds it very difficult to undertake such a long travel to Chidambaram to attend each and every court hearings.

6. By taking into consideration the convenience of the petitioner/wife, this

Court is inclined to order the above transfer petition as prayed for.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.114 of 2020 pending on the file of the Subordinate Court, Chidambaram is withdrawn and transferred to the file of the Subordinate Court, Villupuram. No costs. Consequently, the connected civil miscellaneous petition is closed.

8. The learned counsel for the respondent made a request before this Court to fix time limit to dispose of the above said divorce petition filed by the respondent/husband. Taking into consideration the petition for divorce filed by the respondent/husband is of the year 2020, this Court is inclined to issue a direction to the Subordinate Court, Villupuram to dispose of H.M.O.P.No.114 of 2020 within a period of nine months from the date of receipt of copy of records from the transferor Court.

01.11.2022 Index : Yes/No Speaking Order : Yes/No dm

S.SOUNTHAR , J.

dm To 1.The Subordinate Court, Chidambaram.

2.The Subordinate Court, Villupuram.

01.11.2022