Thilakakani v. Karthikeyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.311 of 2025 Thilakakani .. Petitioner Vs.

Karthikeyan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P. No.116 of 2024 on the file of the Sub Court, Aruppukkottai and transfer the same to the file of the Sub Court, Poonamallee. For Petitioner : Mr.A.Karthik For Respondent : Mr.M.Jothi Basu

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.116 of 2024 on the file of the Sub Court, Aruppukkottai and transfer the same to the file of the Sub Court, Poonamallee.

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2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 13.12.2021 at Sri Varasithi Vinayagar Sannithi Sri Murugan Temple, Alangulam, Virudhunagar District as per the Hindu Rites and Customs. Out of wedlock, no child was born.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.116 of 2024 on the file of the Sub Court, Aruppukkottai seeking divorce.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. The learned counsel for the petitioner would submit that the petitioner is currently residing at Urappakkam, Chengalpattu District and working as a Junior Revenue Inspector at Tambaram. The respondent/husband is also working as Assistant Section Officer at Secretariat, Chennai. The distance between the petitioner's place of residence and Aruppukkottai is around 1000 Kms to and fro, and the Page No 2 of 5

petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in H.M.O.P.No.116 of 2024 from the file of the Sub Court, Aruppukkottai to the file of the Sub Court, Poonamallee.

6. The learned counsel for the respondent has not raised any objection to this petition.

7. It is well settled proposition of law that whenever the transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife's convenience shall be given preference.

8. Considering the overall facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

9. The learned Judge, Sub Court, Aruppukkottai is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.116 of 2024, to the file of the Sub Court, Poonamallee within a period of three Page No 3 of 5

weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Sub Court, Poonamallee is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

10. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

21.02.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Sub Court, Aruppukkottai.

2.The Sub Court, Poonamallee, Chennai District.

and C.M.P.(MD)No.311 of 2025 21.02.2025 Page No 5 of 5