R.Menaka, v. S.Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU TR.C.M.P(MD)No.101 of 2019 and C.M.P(MD)No.2288 of 2019 R.Menaka ... Petitioner/ Respondent Vs.

S.Kumar ... Respondent/ Petitioner PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.5 of 2019 pending before the Sub Court, Paramathi, Namakkal District and transfer the same to the file of the Sub Court, Lalgudi.

For Petitioner :Mr.K.Prabhakar For Respondent :Mr.N.Mohan

ORDER

This Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of H.M.O.P.No.5 of 2019, from the file of the Subordinate Court, Paramathi, Namakkal District to the file of the Subordinate Court, Lalgudi. 2.It is stated in the petition that the marriage between the petitioner and the respondent was solemnized on 26.06.2017. After marriage, both of them lived happily for some time. Later, due to misunderstanding, the respondent herein / husband of the petitioner has filed H.M.O.P.No.5 of 2019 seeking divorce with the false allegations. The grievance of the petitioner is that the respondent being a resident of Pothanur Village, Paramathi Velur Taluk, Namakkal District, has filed the above divorce petition at the Subordinate Court, Paramathi, Namakkal District, whereas the petitioner is residing at Ootathur Village, Lalgudi Taluk, Trichy District, along with her aged mother and as she is depending upon her aged mother, it is very difficult for her to travel about 150 kms from Lalgudi to Paramathi for attending each and every hearing of the case.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner reiterated the averments made in the petition.

4.The learned Counsel for the respondent would vehemently oppose to the grant of relief. However, he would submit that in the event of allowing this petition, this Court may direct the Court below to dispose of the case within a stipulated time. 5.Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

6.I am satisfied with the reasons stated in the affidavit filed in support of this petition. The Hon'ble Supreme Court in the judgment reported in 2008 (9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), has held that convenience of woman is to be taken into consideration first at the time of considering transfer application. In view of the above, I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following directions: i)The learned Subordinate Judge, Paramathi, Namakkal District is directed to transmit the entire records in H.M.O.P.No.5 of 2019 to the file of the Subordinate Court, Lalgudi, Trichy District within a period of two weeks from the date of receipt of copy of this order. ii)The learned Subordinate Judge, Lalgudi, Trichy District after obtaining the records on transfer, is directed to dispose of H.M.O.P.No.5 of 2019 on merits and in accordance with law, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD) // True Copy // Sub Assistant Registrar(CS) To 1.The Subordinate Judge, Paramathi, Namakkal District.

2.The Subordinate Judge, Lalgudi, Trichy District.

+1cc to Mr.K.Prabhakar, Advocate, SR.No.58484 TR.C.M.P(MD)No.101 of 2019 and C.M.P(MD)No.2288 of 2019 01.04.2019 SMN KK/SAR/10.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/