Jobin Annie Selena.S v. Prince Dhas P
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.7255 of 2024 S.Jobin Annie Selena .. Petitioner Vs.
P.Prince Dhas .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in F.C.I.D.O.P.No. 103 of 2024 on the file of the Family Court, Chengalpattu and transfer the same to the file of the Family Court, Tirunelveli. For Petitioner : Mr.N.Dilipkumar For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in F.C.I.D.O.P.No.103 of 2024 on the file of the Page No 1 of 5
Family Court, Chengalpattu and transfer the same to the file of the Family Court, Tirunelveli.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 17.04.2017 at Holy Trinity Church, Palayamkottai as per the Christian Rites and Customs. Out of the wedlock, two children, named Carol Hadassah and Cadlyn Estelle, were born on 11.12.2018 and 01.12.2021, respectively.
3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in F.C.I.D.O.P.No.103 of 2024 on the file of the Family Court, Chengalpattu seeking restitution of conjugal rights.
4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.
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5. Heard the learned counsel appearing for the petitioner.
6. The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her children at Palayamkottai, Tirunelveli under the care of her parents. The distance between Palayamkottai and Chengalpattu is around 500 Kms, and the petitioner/wife finds it very difficult to travel such a long distance for attending every Court hearing along with two children. Hence, she seeks transfer of proceeding from the file of the Family Court, Chengalpattu to the file of the Family Court, Tirunelveli.
7. It is well settled proposition of law that whenever the transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife's convenience shall be given preference.
8. Considering the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.
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9. The learned Judge, Family Court, Chengalpattu is directed to transmit the entire records, pertaining to the case in F.C.I.D.O.P.No.103 of 2024 to the file of the Family Court, Tirunelveli within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Tirunelveli is directed to take the case on file and dispose of the same in accordance with law.
10. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.
01.10.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The Family Court, Chengalpattu 2.The Family Court, Tirunelveli and C.M.P.(MD)No.7255 of 2024 01.10.2024 Page No 5 of 5