B.Sivakalai v. V.Parameswaran @ Siva
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.4340 of 2024 B.Sivakalai .. Petitioner Vs.
V.Parameswaran @ Siva .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.P.No.419 of 2023 on the file of the Family Court, Theni and transfer the same to the file of the Principal Sub Court, Srivilliputhur.
For Petitioner : Mr.Y.Prakash For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in O.P.No.419 of 2023 on the file of the Family Page No 1 of 5
Court, Theni and transfer the same to the file of the Principal Sub 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 23.02.2023 at SKM Thirumana Mahal, Devathanapatti Village, Theni District as per the Hindu Rites and Customs.
3. Due to disputes and differences, the parties have separated, and the petitioner/wife has initiated the proceeding in H.M.O.P.No.37 of 2024 on the file of the Principal Sub Court, Srivilliputhur seeking divorce. Thereafter, the respondent/husband has initiated the proceeding in O.P. No.419 of 2023 on the file of the Family Court, Theni seeking restitution of conjugal rights.
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.
Page No 2 of 5
5. Heard the learned counsel appearing for the petitioner.
6. The learned counsel for the petitioner would submit that the petitioner/wife is now residing at Rajapalayam Town, Virudhunagar District. The distance between Rajapalayam and Theni is around 130 Kms, 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 from the file of the Family Court, Theni to the file of the Principal Sub Court, Srivilliputhur, where the proceeding already initiated by her is pending.
7. It is well settled proposition of law that whenever the 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.
Page No 3 of 5
9. The learned Judge, Family Court, Theni is directed to transmit the entire records, pertaining to the case in O.P.No.419 of 2023, to the file of the Principal Sub Court, Srivilliputhur 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, Principal Sub Court, Srivilliputhur, Virudhunagar District 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.
18.10.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The Family Court, Theni 2.The Principal Sub Court, Srivilliputhur, Virudhunagar District and C.M.P.(MD)No.4340 of 2024 18.10.2024 Page No 5 of 5