R.Poornima v. K.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.3434 of 2025 R.Poornima .. Petitioner Vs.
K.Raja .. 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.14 of 2024 on the file of the Sub Court, Dindigul and transfer the same to the file of the Sub Court, Maduranthakam or any Court of competent jurisdiction in Chengalpattu District.
For Petitioner : Mr.J.N.Mohamed Salman Yusuf For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.14 of 2024 on the file of the Sub Page No 1 of 5
Court, Dindigul and transfer the same to the file of the Sub Court, Maduranthakam or any other Court at Chengalpattu District.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 09.11.2017 at Vadugapatti Velalar Uravinmurai Samuthaya Koodam, Periyakulam Taluk, Theni District as per the Hindu Rites and Customs.
3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.14 of 2024 on the file of the Sub Court, Dindigul seeking divorce. Thereafter, the petitioner/wife has initiated a proceeding in H.M.O.P.No.5 of 2025 on the file of the Sub Court, Maduranthakam seeking restitution of conjugal rights.
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. Page No 2 of 5
6. The learned counsel for the petitioner submits that the petitioner/wife is now residing at Kadapakkam, Cheyyur Taluk, Chengalpattu District under the care of her father, and is working as a Teacher at Government Girls Higher Secondary School, Kadapakkam. The distance between the petitioner's place of residence and Dindigul is around 700 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.14 of 2024 from the file of the Sub Court, Dindigul to the file of the Sub Court, Maduranthakam or any other Court at Chengalpattu District.
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 facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.
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9. The learned Judge, Sub Court, Dindigul is directed to transmit the entire records pertaining to the case in H.M.O.P.No.14 of 2024 to the file of the Sub Court, Maduranthakam 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, Maduranthakam 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.
25.03.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The Sub Court, Dindigul.
2.The Sub Court, Maduranthakam.
and C.M.P.(MD)No.3434 of 2025 25.03.2025 Page No 5 of 5