Sangeetha v. Johan Visuvasam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2024 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN TR.C.M.P(MD)No.73 of 2024 and C.M.P(MD)No.1236 of 2024 Sangeetha ... Petitioner Vs Johan Visuvasam ... Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the divorce petition in I.D.O.P.No. 118 of 2022 on the file of the Principal District Court, Pudukottai and to transfer the same to the file of the Principal District Court, Trichy. For Petitioner : Mr.Yesudasan For Respondent : Mr.A.V.Rajasekaran

ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw the divorce petition in I.D.O.P.No.118 of 2022 on the file of the Principal 1/4

District Court, Pudukottai and to transfer the same to the file of the Principal District Court, Trichy.

2. The case of the prosecution is that the marriage between the petitioner and the respondent was solemnized on 29.06.2012 at Pudukottai. At the time of marriage, the parents of the petitioner have given sridhana articles and gold ornaments. They are blessed with a child. Due to the misunderstanding arose between them, the petitioner was driven out from the matrimonial home. Later the respondent has filed I.D.O.P.No.118 of 2022 before the Principal District Court, Pudukottai, seeking divorce. Now the petitioner is living at Trichy with her child. Finding it difficult to travel from Trichy to Pudukottai, along with her child to attend the Court proceedings, this petition came to be filed seeking transfer.

3. Learned counsel for the respondent submitted that the respondent has no objection in transferring the case. But he made a request that the case may be disposed of within a time stipulated by this Court.

2/4

4. In a matrimonial proceedings, the convenience of the wife is a relevant factor. However, considering the fact that the wife is living in a far away place from Pudukottai, considering the convenience of the petitioner to attend the Court proceedings, this Transfer Civil Petition is liable to be allowed. In so far as the request of the respondent, he may approach the concerned Court for relief.

5. Accordingly, this Transfer Civil Miscellaneous Petition is liable to be allowed. There shall be a direction to the learned Principal District Judge, Pudukottai, to transfer the entire records in I.D.O.P.No.118 of 2022, immediately to the file of the Principal District Judge, Trichy. After receiving the records, the learned Principal District Judge, Trichy, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. Consequently, connected miscellaneous petition is closed. No costs.

06.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn To

1. The Principal District Judge, Pudukottai.

2. The Principal District Judge, Trichy.

ORDER

IN TR.C.M.P(MD)No.73 of 2024 and C.M.P(MD)No.1236 of 2024 06.03.2024 4/4