M.Santhiya Alias Vanasundari v. S.Dilip Chandran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.4686 of 2025 M.Santhiya @ Vanasundari .. Petitioner Vs.
S.Dilip Chandran .. 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.413 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Sub Court, Ambasamudram. For Petitioner : Mr.T.Ganesaperumal For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.413 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Sub Court, Ambasamudram.
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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 27.08.2017 at KSPS Marriage Hall, Thoothukudi as per the Hindu Rites and Customs.
3. Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated a proceeding in D.V.C.No.15 of 2023 on the file of the Judicial Magistrate, Ambasamudram. The respondent/husband has initiated the proceeding in H.M.O.P.No.413 of 2024 on the file of the Family Court, Thoothukudi seeking dissolution of marriage.
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.
6. The learned counsel for the petitioner submits that the petitioner/wife is now residing at Vickramasingapuram, Tirunelveli District Page No 2 of 5
under the care of her parents. The distance between Vickramasingapuram and Thoothukudi is around 200 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.413 of 2024 from the file of the Family Court, Thoothukudi to the file of the Sub Court, Ambasamudram.
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, Family Court, Thoothukudi is directed to transmit the entire records pertaining to the case in H.M.O.P.No.413 of 2024 to the file of the Sub Court, Ambasamudram within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such Page No 3 of 5
records, the learned Judge, Sub Court, Ambasamudram 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.
08.04.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The Family Court, Thoothukudi.
2.The Sub Court, Ambasamudram.
and C.M.P.(MD)No.4686 of 2025 08.04.2025 Page No 5 of 5