Ananda Jothi v. Boopathy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.2315 of 2025 Ananda Jothi .. Petitioner Vs.

Boopathy .. 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.2154 of 2024 on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Kovilpatti. For Petitioner : Mr.M.Prabu For Respondent : Mr.B.Rajesh Saravanan

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.2154 of 2024 on the file of the Family Court, Coimbatore and transfer the same to the file of the Sub Court, Page No 1 of 5

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 19.11.2023 at Sri Petchiamman Temple, Palakkad, Kerala 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.2154 of 2024 on the file of the Family Court, Coimbatore seeking dissolution of marriage.

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

5. The learned counsel for the petitioner submits that the petitioner/wife is residing at Kovilpatti, Thoothukudi District under the care of her parents. The distance between Kovilpatti and Coimbatore is around 600 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. Hence, she seeks transfer of proceeding in H.M.O.P.No.2154 of 2024 from Page No 2 of 5

the file of the Family Court, Coimbatore to the file of the Sub Court,

6. The learned counsel for the respondent has raised only formal 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, Family Court, Coimbatore is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.2154 of 2024, to the file of the Sub Court, Kovilpatti within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Sub Court, Kovilpatti is directed to take the case Page No 3 of 5

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.

15.04.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Family Court, Coimbatore.

2.The Sub Court, and C.M.P.(MD)No.2315 of 2025 15.04.2025 Page No 5 of 5