Abirami v. M.Dinesh Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.2014 of 2024 Abirami .. Petitioner Vs.

M.Dinesh Kumar .. 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.75 of 2023 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Devakottai.

For Petitioner : Mr.V.P.Rajan For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.75 of 2023 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Devakottai.

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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 24.05.2020 at Aayira Vaisiyar Meenambigai Marriage Hall, Karaikudi, Sivagangai District as per the Hindu Rites and Customs. Out of wedlock, a male child was born on 25.05.2021.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.75 of 2023 on the file of the Family Court, Madurai seeking divorce.

4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.

5. Heard the learned counsel appearing for the petitioner.

6. The learned counsel for the petitioner submits that the petitioner/wife is now residing with her child in her parental home at Page No 2 of 5

Karaikudi District. The distance between Karaikudi and Madurai is around 180 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the three and a half year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.75 of 2023 from the file of the Family Court, Madurai to the file of the Sub Court, Devakottai.

7. It is well settled proposition of law that whenever 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, Family Court, Madurai is directed to transmit the entire records pertaining to the case in H.M.O.P.No.75 of 2023 to the file of the Sub Court, Devakottai within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the Page No 3 of 5

learned Judge, Sub Court, Devakottai 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.

25.04.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Family Court, Madurai.

2.The Sub Court, Devakottai.

and C.M.P.(MD)No.2014 of 2024 25.04.2025 Page No 5 of 5