S.Deepika v. S.K.Praveen
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.10963 of 2024 S.Deepika .. Petitioner Vs.
S.K.Praveen .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P.No.19 of 2024 on the file of the Sub Court, Thirumangalam and transfer the same to the file of the Family Court, Madurai.
For Petitioner : Mr.J.Alaguraam Jothi For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.19 of 2024 on the file of the Sub Page No 1 of 5
Court, Thirumangalam and transfer the same to the file of the Family Court, Madurai.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 20.08.2021 at Yadhava Shree Krishna Mahal, Thirupparankundram, Madurai as per the Hindu Rites and Customs. Out of the wedlock, a female child, named Maansi, was born on 02.10.2022.
3. Due to disputes and differences, the parties have separated, and the petitioner/wife has already initiated the proceeding in H.M.O.P.No.1249 of 2023 on the file of the Family Court, Madurai seeking divorce on the ground of cruelty. Thereafter, the respondent/husband has initiated the proceeding in H.M.O.P.No.19 of 2024 on the file of the Sub Court, Thirumangalam 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 at Thirupparankundram, Madurai District. The distance between Thirupparankundram and Thirumangalam is around 30 Kms to and fro, and the petitioner/wife finds it very difficult to travel such a long distance for attending every Court hearing along with the two year old child. Hence, she seeks transfer of proceeding from the file of the Sub Court, Thirumangalam to the file of the Family Court, Madurai.
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, Sub Court, Thirumangalam is directed to transmit the entire records, pertaining to the case in H.M.O.P.No.19 of 2024, to the file of the Family Court, Madurai 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, Madurai 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.
26.09.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The learned Judge, Sub Court, Thirumangalam 2.The learned Judge, Family Court, Madurai and C.M.P.(MD)No.10963 of 2024 26.09.2024 Page No 5 of 5