S. Devika v. R. Karthikraja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2022

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P(MD) No.3657 of 2022 S.Devika ... Petitioner -VsR.Karthikraja ... Respondent Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case on the file of the Sub Court, Odanchatram, Dindigul in H.M.O.P.No.178 of 2022 and transfer the same to the Family Court, Madurai.

For Petitioner : Mr.B.Vinoth Kumar For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of the proceedings in H.M.O.P.No.178 of 2022 from the file of the Sub Court, Odanchatram, Dindigul to the Family Court, Madurai.

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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 28.01.2018. Subsequently, due to some difference of opinion, the respondent filed H.M.O.P.No.178 of 2022, seeking divorce, before the Subordinate Court, Oddanchatram. Since the petitioner/wife is a resident of Madurai, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.178 of 2022 from the file of the Subordinate Court, Oddanchatram to the file of the Family Court, Madurai. 3.The learned counsel appearing for the petitioner submits that to and fro distance between Oddanchatram and Madurai is around 100 kms. The learned counsel further submits that the petitioner could not travel such a long distance as there is no one to accompany her.

4.Though notice was served upon the respondent, there is no representation for the respondent either in person or through 2/5

counsel today as well in the previous hearings on 17.10.2022 and 28.10.2022.

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.

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7.In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.178 of 2022, on the file of the Sub Court, Odanchatram is withdrawn and ordered to be transferred to the file of the Family Court, Madurai. The learned Subordinate Judge, Odanchatram is directed to transmit the entire case records to the Family Court, Madurai forthwith and the learned Judge, Family Court, Madurai, who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed. 04.11.2022 Index : Yes/No Internet : Yes/No vrn To 1.The Sub Court, Odanchatram 2.The Family Court, Madurai 3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

vrn Order made in and C.M.P(MD) No.3657 of 2022 04.11.2022 5/5