P.Pandiselvi, v. Karthikeyan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2018 C O R A M THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN TR. C.M.P(MD).No. 537 of 2017 and C.M.P(MD)No. 11553 of 2017 P. Pandiselvi ...

Petitioner Vs.

Karthikeyan ...

Respondent PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, praying to withdraw the O.P. No.2862 of 2017 on the file of the VII Additional Family Court, Chennai and transfer to Sub-Court, Virudhunagar and to try along with the H.M.O.P. No.131 of 2017 on the file of the Sub-Court, Virudhunagar. For Petitioner :

Mr.I. Suthakaran For Respondent :

Mr. J.Lawrance *****

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the O.P. No.2862 of 2017 on the file of the VII Additional Family Court, Chennai and transfer to Sub-Court, Virudhunagar and to try along with the H.M.O.P. No.131 of 2017 on the file of the Sub-Court, Virudhunagar.

2. The learned Counsel appearing for the petitioner would submit that the marriage between the petitioner and the respondent was solemnized on 08.09.2016 at Sri Valasubramania Swamy Temple, Virudhungar District and other ceremonies were conducted at Sri Balaji Marriage Hall, Virudhunagar. After marriage, both of them lived happily in matrimonial abode at Chennai and the respondent was not interested in the family life and show some extraordinary activities in the family life. After that the petitioner fed up with the attitude of the respondent and went to her parent's house.

3. In the meantime, the respondent filed a petition in O.P No.2862 of 2017 for restitution of conjugal rights before the VII Additional Family Court, Chennai. The petitioner also filed a petition in H.M.O.P. No.131 of 2017 under Section 13 (1)(ia) of the Hindu Marriage Act for divorce before the Sub-Court, Virudhunagar. He would further contend that it is very difficult for the petitioner to travel from Virudhungar to Chennai for attending each and every hearing of the case. Therefore, she has come forward with the present petition for transfer.

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4. Heard the learned Counsel appearing for the petitioner as

well as the respondent and perused the materials available on record.

5. The learned counsel appearing for the respondent strongly objected to transfer the O.P No.2862 of 2017 on the file of the VII Additional Family Court, Chennai.

6. Being satisfied with the reasons stated in the affidavit filed in support of this petition, as well as considering the well settled law that convenience of woman has to be taken into consideration at the time of considering transfer applications as held by the Hon'ble Supreme Court in the judgment reported in 2008 (9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), I am inclined to allow the present petition.

7. Accordingly, this petition is allowed with the following directions:

(i) The learned VII Additional Family Court, Chennai, is directed to transmit the entire records in O.P.No.2862 of 2017 to the file of the Sub-Court, Virudhunagar within a eriod of two weeks from the date of receipt of copy of this order.

ii) The Sub-Judge, Virudhungar after obtaining the records on transfer, is directed to try along with H.M.O.P.No.131 of 2017 and dispose of both the cases, within a period of three months thereafter, in accordance with law.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar To

1. The Judge, The VII Additional Family Court, Chennai.

2. The Sub-ordinate Judge, Sub-Court, Virudhunagar.

+1 CC to Mr.J.LAWRANCE, Advocate in SR.No.71113 +1 CC to Mr.I.SUTHAKARAN, Advocate in SR.No.71022 KSA RJ/SKN/RSK/SAR-1/18/07/2018 - 3P/5C TR. C.M.P(MD).No. 537 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 03.07.2018