Vijayalakshmi, v. K.Sasikumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.03.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI TR.C.M.P(MD)No.289 of 2015 and M.P(MD)No.1 of 2015 Vijayalakshmi .. Petitioner Vs.

K.Sasikumar .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw H.M.O.P.No.66 of 2015 on the file of Subordinate Court, Sivagangai and transfer the same on the file of Subordinate Court, Paramakudi.

For Petitioner : Mr.K.Rajeshwaran For Respondent : Mr.S.M.Mohan Gandhi

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.66 of 2015 on the file of Subordinate Court, Sivagangai and transfer the same to the file of Subordinate Court, Paramakudi.

2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 23.05.2012. After the marriage, both were living together in the matrimonial home. A male child was born on 03.02.2014 in the wedlock. The respondent tortured the petitioner by demanding additional dowry and treated her as a maid-servant. Therefore, the petitioner left the matrimonial home and residing at Paramakudi with her parents along with her child. She joined PG Degree in M.E., at Ganapathy Chettiar Engineering College at Paramakudi, for further studies. While so, the respondent filed H.M.O.P.No.66 of 2015 for Restitution of Conjugal Rights before the Sub Court, Sivagangai.

3.Now, the petitioner and her child are residing with her parents at Paramakudi and she is doing her M.E., course at Ganapathy Chettiar Engineering College at Paramakudi. She is not having any independent income and she is depending on her parents for her day-to-day expenses including the travel expenses. The distance between the Paramakudi to Sivagangai is more than 55 kms. She is finding it very difficult to travel from Paramakudi to Sivagangai along with her 1 1⁄2 year male child without help of others. She has also stated that it will not be difficult for the respondent/husband to attend the hearing at Paramakudi. https://hcservices.ecourts.gov.in/hcservices/

4.Now, the petitioner/wife filed this petition to transfer the aforesaid H.M.O.P.No.66 of 2015 filed by the respondent/Husband before the Sub Court, Sivagangai to the file of the Sub Court, Paramakudi. 5.Heard the learned counsel appearing for the petitioner and the respondent.

6.The learned counsel for the respondent submitted that the respondent is ready to live with the petitioner and it will not be difficult for the petitioner to travel from Sivagangai to Paramakudi.

7. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008(9) SCC 353 (Arti Rani @ Pinki Devi and another Vs.Dharmendra Kumar Gupta) and AIR 2002 SC 396 (Sumita Singh Vs. Kumar Sanjay and another). Therefore, I am of the view that the petition filed by the wife is liable to be allowed.

8. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.66 of 2015 on the file of the Sub Court, Sivagangai, is hereby withdrawn and transferred to the file of the Sub Court, Paramakudi. The learned Sub Judge, Sivagangai, is directed to send the case bundles to the Sub Court, Paramakudi, immediately. The Registry is also directed to send back the papers that are pending before the Registry. No costs. Consequently, M.P(MD)No.1 of 2015 is closed. Sd/ Assistant Registrar(W) /True Copy/ Sub Assistant Registrar.

To 1.The Subordinate Judge, Sivagangai 2.The Subordinate Judge, Paramakudi.

Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High court, Madurai +1CC to M/S.S.M.Mohan Gandhi, Advocate, SR.No. 14186 +1CC to M/S.K.Rajeshwaran, Advocate, SR.No. 13992 TR.C.M.P(MD)No.289 of 2015 AM/AN.MP/AR-I/18.03.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/