A.Infee Sherly v. A.S.Aswin Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.3704 of 2025 A.Infee Sherly .. Petitioner Vs.
A.S.Aswin 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.4797 of 2024 on the file of the III Additional Principal Judge, Family Court, Chennai and transfer the same to the file of the Family Court, Trichy. For Petitioner : Mr.R.Murugaboopathy For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.4797 of 2024 on the file of the III Additional Principal Judge, Family Court, Chennai and transfer the same to the file of the Family Court, Trichy.
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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 30.11.2016 at Santhome Cathedral Basilica Church, Mylapore as per the Christian 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.4797 of 2024 on the file of the III Additional Principal Judge, Family Court, Chennai seeking divorce. The petitioner/wife has initiated a proceeding in M.C.No.48 of 2024 on the file of the Chief Judicial Magistrate, Trichy seeking maintenance.
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 Thiruverumbur Taluk, Trichy District under the care of her parents. The distance between Trichy and Chennai is around 660 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.4797 of 2024 from the file of the III Additional Principal Judge, Family Court, Chennai to the file of the Family Court, Trichy.
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.
9. The learned Judge, III Additional Principal Judge, Family Court, Chennai is directed to transmit the entire records pertaining to the case in Page No 3 of 5
H.M.O.P.No.4797 of 2024 to the file of the Family Court, Trichy 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, Family Court, Trichy 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.
27.03.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The III Additional Principal Family Court, Chennai.
2.The Family Court, Trichy.
and C.M.P.(MD)No.3704 of 2025 27.03.2025 Page No 5 of 5