Madras High CourtTR CMP(MD)/295/2023allowed

Abirami v. Rakesh Karthik

2023-08-09Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P(MD) No.6772 of 2023 Abirami ... Petitioner Vs.

Rakesh Karthik ... Respondent Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.6 of 2023 on the file of the Principal Sub Court, Palani and transfer the same to the file of the Sub Court, Pudukkottai.

For Petitioner : M/s.A.Banumathy For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition has been filed by the wife for transfer of H.M.O.P.No.6 of 2023 from the file of the Principal Sub Court, Palani to the file of the Sub Court, Pudukkottai. Page No. 1 of 4

2. Despite notice being served on the respondent/husband, there is no representation on the side of the respondent/husband. 3.According to the petitioner/wife, the respondent/husband filed H.M.O.P.No.6 of 2023 before the Principal Sub Court, Palani for dissolution of marriage solemnized between the petitioner/wife and the respondent/husband on 04.09.2017 and she has to travel along with her minor child aged about 5 years for more than 8 hours to reach the Court at Palani and no one is there to accompany.

4. It is submitted that the petitioner/wife and her child depend upon her parents for their livelihood and for their day to day necessities and therefore, it is very difficult for her to travel to Planai for attending the court and therefore, she prays for transfer of H.M.O.P.No.6 of 2023 from the file of the Principal Sub Court, Palani to the file of the Sub Court Pudukkottai.

5. The Hon'ble Supreme Court in the case of Aarti Rani @ Pinki Devi and others Vs Dharmender Kumar Gupta reported in 2008 (9) SCC 353 held that convenience of woman is to be taken into consideration. Page No. 2 of 4

6. Therefore, considering the facts and circumstances of the case, H.M.O.P.No.6 of 2023 is directed to be transferred from the file of the Principal Sub Court, Palani to the file of the Sub Court Pudukkottai.

7. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed. 09.08.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No jen To 1.The Principal Sub Judge, Palani 2.The Sub Judge, Pudukkottai.

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K.GOVINDARAJAN THILAKAVADI, J.

jen and C.M.P(MD) No.6772 of 2023 09.08.2023 Page No. 4 of 4