Revathi v. Karthikeyan @ Ramesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI TR.C.M.P(MD).No.190 of 2022 C.M.P(MD).No.3414 of 2022 Revathi ... Petitioner versus Karthikeyan @ Ramesh ... Respondent Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C, to withdraw the case in H.M.O.P.No.188 of 2020 on the file of the Additional Subordinate Court, Kumbakonam and transfer the same to the Sub Court, Devakottai, Sivagangai District.

For Petitioner : Mr.C.Thalai Mutharasu For Respondent : No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the proceedings in H.M.O.P.No.188 of 2020 from the file of the Additional Subordinate Court, Kumbakonam to the Sub Court, Devakottai, 1/6

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 13.03.2013, as per the Hindu Rites and Customs. Subsequently, due to some difference of opinion, the respondent has filed H.M.O.P.No.188 of 2020 before the Additional Subordinate Court, Kumbakonam, seeking divorce. Since the petitioner/wife is a resident of Sivagangai District, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.188 of 2020 from the file of the Additional Subordinate Court, Kumbakonam to the Sub Court, Devakottai, Sivagangai District. 3.The learned counsel appearing for the petitioner submits that the distance between Sivagangai and Kumbakonam is around 190 kms and it is very difficult for the petitioner any means to travel such a long distance for appearing before the Additional Subordinate Court, Kumbakonam, for each and every hearing.

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4.Heard the learned counsel appearing for the petitioner. Though notice served on the respondent and also name printed in the cause list, there was no representation for the respondent. 5.The Hon'ble Apex Court in the case of Amitha Shah vs- Virendar Lal Shah, reported in (2003)10 SCC 609, has held that the convenience of the wife and more particularly the child must be taken into account while deciding the petition for transfer. Further, in the case of Rajani Kishor Paradeshi Vs Kishor Babulal Paradeshi reported in (2005) 12 SCC 237, the Hon'ble Apex Court has held that in such type of transfer petitions, the convenience of the wife is to be preferred over the convenience of the husband.

6.This Court being satisfied with the reasons stated in the affidavit filed in support of this petition and also taking into consideration that the convenience of wife is to be taken into consideration at the time of considering transfer petitions as held by the Hon'ble Supreme Court in the judgments cited supra, is inclined to allow the present petition. 3/6

7.In the light of the above, this transfer civil miscellaneous petition stands allowed with the following directions: i. The proceedings in H.M.O.P.No.188 of 2020 on the file of the Additional Subordinate Court, Kumbakonam is withdrawn and ordered to be transferred to the file of the Sub Court, Devakottai, ii. The learned Additional Subordinate Judge, Kumbakonam is directed to transmit the entire case records to the Sub Court, Devakottai, Sivagangai District forthwith and the learned Subordinate Judge, Devakottai, Sivagangai Disttrict, who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

14.07.2022 tta Index : Yes / No Internet: Yes / No 4/6

To

1. Additional Subordinate Court, Kumbakonam.

2. Sub Court, Devakottai, 5/6

B.PUGALENDHI, J.

tta TR.C.M.P(MD).No.190 of 2022 14.07.2022 6/6