Lakshmi v. R.Vinoth

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.11171 of 2024 Lakshmi .. Petitioner Vs.

R.Vinoth .. 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. 313 of 2023 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Karur or any other competent Court at Karur. For Petitioner : Mr.J.Sathiaraj For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.313 of 2023 on the file of the Page No 1 of 5

Family Court, Trichy and transfer the same to the file of the Family Court, Karur or any other competent Court at Karur.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 08.07.2019 at Sri Balasubramaniya Swami Thirukovil, Vennaimalai, Manmangalam Taluk, Karur District as per Hindu Rites and Customs.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.313 of 2023 on the file of the Family Court, Trichy seeking divorce.

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.

5. Heard the learned counsel appearing for the petitioner. Page No 2 of 5

6. The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her parents at Manmangalam Taluk in Karur District. The distance between the petitioner's place of residence and Trichy is around 100 Kms, and the petitioner/wife finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding from the file of the Family Court, Trichy to the file of the Family Court, Karur.

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.

9. The learned Judge, Family Court, Trichy is directed to transmit the entire records, pertaining to the case in H.M.O.P.No.313 of 2023, to the file of the Family Court, Karur within a period of three weeks from the date of Page No 3 of 5

receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Karur 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.

13.09.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The learned Judge, Family Court, Trichy 2.The learned Judge, Family Court, Karur and C.M.P.(MD)No.11171 of 2024 13.09.2024 Page No 5 of 5