D.Meera v. S.Selvamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.21108 of 2024 D.Meera .. Petitioner Vs.

S.Selvamani .. Respondent Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, praying to withdraw the H.M.O.P.No.111 of 2024 which is pending before the Sub Court, Ranipet and transfer the same to the Subordinate Court, Arakkonam for disposal in accordance with law. For Petitioner :

Mr.H.Rambabu For Respondent :

Mr.E.Kannadasan

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.111 of 2024 from the file of the Sub Court, Ranipet, and transfer the same to the file of the Sub Court, Arakkonam. 2.I heard both sides. I have gone through the affidavit. 1/4

3.The petitioner married the respondent on 08.09.2021. From the wedlock, they were blessed with a child. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in H.M.O.P.No.111 of 2024 for divorce before the Sub Court, Ranipet. Pleading that the wife is residing in Cheyyar and unable to travel from Cheyyar to Ranipet, she has moved this transfer petition. 4.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 between Cheyyar and Ranipet 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.

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5.Though the transfer is sought for from Sub Court, Ranipet, to the file of Sub Court, Arakkonam, the learned counsel for the petitioner points out that the petitioner / wife being a permanent resident of Cheyyar, it is better if the H.M.O.P. is transferred to the Sub Court at Cheyyar. 6.On verification, it is seen that the petitioner / wife is residing at Sunaipattu, Cheyyar, Thiruvannamalai District.

Accordingly, H.M.O.P.No.111 of 2024 is withdrawn from the file of the Sub Court, Ranipet, and transferred to the file of the Sub Court, Cheyyar. 7.With the above observations, the Transfer Petition is ordered. Consequently, connected miscellaneous petition is closed. No costs. 31.01.2025 krk Index : Yes / No Internet : Yes / No : Yes / No V.LAKSHMINARAYANAN, J.

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krk To 1.The Subordinate Judge, Sub Court, Ranipet.

2.The Subordinate Judge, Sub Court, Cheyyar.

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