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Madras High CourtTR CMP(MD)/521/2024allowed

Priyanka v. Dinesh

2024-10-16Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.12305 of 2024 Priyanka .. Petitioner Vs.

Dinesh .. 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.485 of 2024 on the file of the Family Court, Karur and transfer the same to the file of the Family Court, Dindigul.

For Petitioner : Mr.P.Balasubramanian For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.485 of 2024 on the file of the Page No 1 of 5

Family Court, Karur and transfer the same to the file of the Family Court, Dindigul.

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 21.10.2018 at Karur as per the Hindu Rites and Customs. Out of the wedlock, a male child was born on 06.07.2019.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.485 of 2024 on the file of the Family Court, Karur 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 child at Seelapadi, Dindigul District under the care of her parents. The distance between Dindigul and Karur is around 80 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the five year old child. Hence, she seeks transfer of proceeding from the file of the Family Court, Karur to the file of the Family Court, Dindigul.

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, Karur is directed to transmit the entire records, pertaining to the case in H.M.O.P.No.485 of 2024 to the file of the Family Court, Dindigul within a period of three weeks from the date Page No 3 of 5

of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Dindigul is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

10. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

16.10.2024 mkn Index:Yes/No Speaking Order :Yes/No Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Family Court, Karur 2.The Family Court, Dindigul and C.M.P.(MD)No.12305 of 2024 16.10.2024 Page No 5 of 5