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Madras High CourtTR CMP(MD)/267/2018allowed

Latha D/O.Vijayan, v. G.Sathishkumar

2019-04-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU TR.C.M.P(MD)No.267 of 2018 and C.M.P(MD)No.6580 of 2018 Latha ... Petitioner/Respondent Vs.

G.Sathishkumar ... Respondent/Petitioner PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.414 of 2018 pending before the Family Court, Madurai and transfer the same to the file of the Family Court, Trichy. For Petitioner :Mr.K.Selvam For Respondent :No appearance

ORDER

This Transfer Civil Miscellaneous Petition has been filed by the petitioner / wife seeking transfer of H.M.O.P.No.414 of 2018, from the file of the Family Court, Madurai, to the file of the Family Court, Trichy.

2.It is stated in the petition that the marriage between the petitioner and the respondent was solemnized on 05.04.2007. After marriage, both of them lived happily for some time and they blessed with two female children and they are now aged about 10 years and 8 years respectively. Later, due to misunderstanding, the respondent herein / husband of the petitioner has filed H.M.O.P.No.414 of 2018 seeking divorce with the false allegations. The grievance of the petitioner is that the respondent being a resident of Madurai has filed the above divorce petition at the Family Court, Madurai, whereas the petitioner is residing at Manachanallur, Trichy District, along with her aged parents and as she is depending upon her aged parents, it is very difficult for her to travel about 150 kms along with her children from Manachanallur to Madurai for attending each and every hearing of the case. 3.The learned counsel for the petitioner reiterated the averments made in the petition.

4.There is no representation on behalf of the respondent, though notice was ordered; paper publication was effected; and his name was also printed in the cause list.

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5.Heard the learned counsel for the petitioner and perused the materials available on record.

6.I am satisfied with the reasons stated in the affidavit filed in support of this petition. 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 at the time of considering transfer application. In view of the above, I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following directions: i)The learned Judge, Family Court, Madurai, is directed to transmit the entire records in H.M.O.P.No.414 of 2018 to the file of the Family Court, Trichy, within a period of two weeks from the date of receipt of copy of this order.

ii)The learned Judge, Family Court, Trichy, after obtaining the records on transfer, is directed to dispose of H.M.O.P.No.414 of 2018 on merits and in accordance with law, as expeditiously as possible..

No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS ) To 1.The Judge, Family Court, Madurai .

2.The Judge, Family Court, Trichy.

+1cc to Mr.K.Selvam, Advocate, SR.No.59968 ORDER MADE IN TR.C.M.P(MD)No.267 of 2018 and C.M.P(MD)No.6580 of 2018 09.04.2019 SP/25.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/