M. Anumitha @ Thenmozhi v. M.K. Muthukumar @ Mathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2017

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU TR.C.M.P.(MD)No.353 of 2017 and C.M.P.(MD)No.7269 of 2017 M.Anumitha @ Thenmozhi ... Petitioner/Respondent/Wife Vs.

M.K.Muthukumar @ Mathan ... Respondent/Petitioner/Husband PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P. No.28 of 2017 on the file of the Family Court, Trichy and transfer the same to the learned Subordinate Judge, Tambaram, Kancheepuram District. For Appellant :Mr.P.Sivachandran For Respondent :Mr.A.John Vincent

J U D G M E N T

The Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.28 of 2017 from the file of the Family Court, Trichy to the file of the learned Subordinate Judge, Tambaram, Kancheepuram District.

2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 23.11.2008 as per Hindu Rites and Customs. After the marriage, the petitioner and the respondent happily lead their matrimonial life at Chennai. Out of the wedlock, a female child was born on 24.11.2009 and she is studying at Vellammal School, Madipakkam at Chennai. After that, some misunderstanding arose between the petitioner and the respondent and because of that, the respondent deserted the petitioner. In spite of the earnest efforts taken by the elders to settle the dispute, all the efforts ended in vain.

3. It is the further case of the petitioner that the respondent filed a divorce petition in H.M.O.P.No.352 of 2010 on the file of the Principal Subordinate Judge, Trichy and the said petition was dismissed for non-prosecution as the respondent started to live with the petitioner. Thereafter, the respondent went abroad for employment and after return to India, he once again created problems. In these circumstances, the respondent once again filed

a petition for divorce before the Family Court, Trichy in H.M.O.P.No.28 of 2017 and the same is pending. 4 .The learned counsel for the petitioner would submit that the petitioner is under the care and custody of her parents, who are not in a sound financial position and further, the petitioner is having a school going child and therefore, it is difficult for her to go and appear before the Family Court, Trichy, which is 360 kms away from the petitioner's place, in H.M.O.P.No.28 of 2017 and therefore, the same may be transferred to the file of the learned Subordinate Judge, Tambaram, Kancheepuram.

5. The learned counsel for the respondent would submit that the respondent has no objection for transfer of the case if a direction is issued for speedy disposal.

6. Heard the submissions made on either side and perused the materials available on record.

7. It is well settled law that whenever, a 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). I am satisfied with the reasons stated in the affidavit filed in support of this petition and the learned counsel for the respondent has also got no objection for transferring the above case to the file of the Subordinate Judgte, Tambaram, Kancheepuram District .

8. Taking into consideration of the facts and circumstances of the case and in the interest of justice, this Transfer Civil Miscellaneous Petition is allowed with the following directions:- i) The learned Judge, Family Court, Trichy, is directed to transmit the entire records in H.M.O.P.No.28 of 2017 to the file of the Subordinate Judge, Tambaram, Kancheepuram District, within a period of two weeks from the date of receipt of copy of this order.

ii) the learned Subordinate Judge, Tambaram, Kancheepuram District, after obtaining the records on transfer, is directed to dispose of H.M.O.P.No.28 of 2017 as expeditiously as possible, more particularly, within a period of six months from the date of receipt of a copy of this order.

No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar

To, 1.The Family Court Judge, Family Court, Trichy.

2.The Subordinate Judge, Subordinate Court, Tambaram, Kancheepuram District.

+1cc to Mr.P.SIVACHANDRAN Advocate in SR. No.74087 +1cc to Mr.A.JOHN VINCENT Advocate in SR. No.73768 PM JS/KK/SAR.1/6.9.2017/3P-5C TR.C.M.P.(MD)No.353 of 2017 and C.M.P.(MD)No.7269 of 2017 22.08.2017