Sharmila Devi v. A.Arun Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.M.P(MD).No.2745 of 2022 Sharmila Devi ... Petitioner versus A.Arun Kumar ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C, to withdraw the case in H.M.O.P.No.302 of 2021 on the file of the Sub Court, Tambaram and transfer the same to the Family Court, Srivilliputhur.

For Petitioner : Mr.M.Pandian For Respondent : No-appearance 1/5

ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the proceedings in H.M.O.P.No.302 of 2021 from the file of the Sub Court, Tambaram to the Family Court, Srivilliputhur.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 09.09.2017, as per the Hindu Rites and Customs. Subsequently, due to some difference of opinion, the respondent/husband has filed H.M.O.P.No. 302 of 2021 before the Sub Court, Tambaram, seeking divorce. Since the petitioner/wife is a resident of Srivilliputhur, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.302 of 2021 from the file of the Sub Court, Tambaram to the Family Court, Srivilliputhur.

3.The learned counsel appearing for the petitioner submits that the distance between Srivilliputhur and Tambaram is around 541 kms and it is 2/5

very difficult for the petitioner to travel such a long distance for appearing before the Sub Court, Tambaram, for each and every hearing. 4.Though notice was ordered to the respondent, there is no representation for the respondent.

5.This Court, being satisfied with the reasons stated in the affidavit filed in support of this petition and also taking into consideration that it is well settled law that convenience of wife is to be taken into consideration at the time of considering transfer applications as held by the Hon'ble Supreme Court in the judgment reported in 2008(9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), is inclined to allow the present petition.

6.In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.302 of 2021 on the file of the Sub Court, Tambaram is withdrawn and ordered to be transferred to the file of the Family Court, Srivilliputhur. The learned Judge, 3/5

Sub Court, Tambaram, is directed to transmit the entire case records to the Family Court, Srivilliputhur, forthwith and the learned Judge, Family Court, Srivilliputhur, who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.

06.07.2022 ssb Index : Yes / No Internet: Yes / No To 1.Sub Court, Tambaram

2. Family Court, Srivilliputhur 4/5

B.PUGALENDHI, J.

ssb 06.07.2022 5/5