Maheswari @ Uma Maheswari, v. Suresh Kumar @ Renganathan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2019
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU TR.C.M.P(MD)No.119 of 2019 and C.M.P(MD)No.2627 of 2019 Maheswari @ Uma Maheswari ... Petitioner / Respondent Vs.
Suresh Kumar @ Renga Nathan ... 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.9 of 2019 pending before the Subordinate Judge, Devakottai, Sivagangai District and transfer the same to the Family Court, Madurai.
For Petitioner : Mr.S.Moorthy For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of H.M.O.P.No.9 of 2019, from the file of the Subordinate Judge, Devakottai, Sivagangai District to the file of the Family Court, Madurai.
2. It is stated in the petition that the marriage between the petitioner and the respondent was solemnized on 20.08.2017. 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.9 of 2019 before the Sub Court, Devakottai, seeking divorce with the false allegations. It is further stated that a petition filed under Section 125 Cr.P.C., seeking the relief of maintenance in M.C.No.142 of 2018 is pending before the Family Court, Madurai. The grievance of the petitioner is that the respondent being a resident of Karaikudi has filed the above divorce petition at the Sub Court, Devakottai, whereas the petitioner is residing at Madurai, along with her aged parents and as she is depending upon her aged parents, it is very difficult for her to travel about 88 kms from Madurai to Karaikudi for attending each and every hearing of the case.
3. The learned counsel for the petitioner reiterated the averments made in the petition.
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4. Despite notice being served on the respondent and his name is being printed in the cause list, there is no representation on behalf of the respondent either in person or through Counsel.
5. Heard the learned counsel for the petitioner 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, Devakottai, Sivagangai District, is directed to transmit the entire records in H.M.O.P.No.9 of 2019 to the file of the Family Court, Madurai, within a period of two weeks from the date of receipt of copy of this order.
ii) The learned Judge, Family Court, Madurai, after obtaining the records on transfer, is directed to dispose of H.M.O.P.No.9 of 2019 on merits and in accordance with law, as expeditiously as possible.
No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Judge, Family Court, Madurai.
2.The Subordinate Judge, Devakottai, Sivagangai District.
+1 CC to M/s.S.MOORTHY, Advocate ( SR-62561[F] dated 25/04/2019 ) TR.C.M.P(MD).No.119 of 2019 25.04.2019 CS(KM): 08/05/2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/