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Madras High CourtTR CMP(MD)/239/2019disposed of

J.Jayapriya v. R.Sentil

2020-10-15Honourable Mr Justice R. Mahadevan2 pages

TR.CMP(MD)No.239 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.10.2020 Coram:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN TR.CMP(MD)No.239 of 2019 and C.M.P(MD)No.5569 of 2020 J.Jayapriya ... Petitioner / Respondent .vs.

R.Sentil ... Respondent / Petitioner Prayer :- This Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.2031 of 2019 on the file of the VI Additional Family Court at Chennai and transfer the same to the Sub-Court, Aruppukottai, Virudhunagar District.

For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.T.S.Rajamohan

ORDER

The petitioner/wife, who is facing the proceedings for divorce at the instance of the husband in H.M.O.P.No.2031 of 2019, on the file of the VI Additional Family Court at Chennai, seeks transfer of the same to the Sub-Court, Aruppukottai, Virudhunagar District.

2. Admittedly, the wife resides at Aruppukottai and transfer is sought for mainly on the ground of convenience.

3. The learned counsel appearing for the petitioner submitted that initially both parties agreed for divorce by mutual consent, but before the Mediation and Conciliation Centre, on several occasions, no settlement has been arrived at with regard to Sridhana properties.

4. The Hon'ble Supreme Court in the judgment reported in 2008

(9) SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), has held that "convenience of woman is to be taken into consideration first while considering transfer application."

5. In the light of the aforesaid decision and also being satisfied with the reasons stated in the transfer petition filed by the wife, this Court is inclined to transfer H.M.O.P.No.2031 of 2019, on the file of the the VI Additional Family Court at Chennai, to the Sub-Court, Aruppukottai, Virudhunagar District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.CMP(MD)No.239 of 2019

6. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. The learned Judge, VI Additional Family Court at Chennai is directed to transmit the papers to the Sub-Court, Aruppukottai, forthwith.

7. The learned Judge, Sub-Court, Aruppukottai, is directed to dispose of the proceedings in H.M.O.P.No.2031 of 2019 within a period of six months from the date of receipt of the papers from the VI Additional Family Court at Chennai, after due notice and opportunity to both parties. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) am Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The VI Additional Judge, Family Court, Chennai.

2.The Subordinate Judge, Aruppukottai.

3. The Record Keeper, V.R.Section,(2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.M. JOTHI BASU, Advocate ( SR-20291[F] dated 16/10/2020 ) TR.CMP(MD)No.239 of 2019 15.10.2020 VB (03.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2