A.Karunya v. S.Rajeshkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN TR. C.M.P.(MD)No.515 of 2023 and CMP(MD)No. 11325 of 2023 A.Karunya

...Petitioner/Respondent

Vs.

S.Rajeshkumar ...Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to withdraw the proceedings pending in H.M.O.P.No.52 of 2023 on the file of Principal Sub Court, Tiruchirappalli and transfer the same to the Family Court, Chennai. For Petitioner : Mr.K.Suresh For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.52 of 2023 from the file of Principal Sub Court, Tiruchirappalli to the file of the Family Court, Chennai. 1/5

2. The learned Counsel appearing for the petitioner would aver, among other things, that the respondent filed H.M.O.P.No.52 of 2023 which is pending on the file of the Principal Sub Court, Tiruchirappalli, for divorce. The learned counsel for the petitioner submits it is difficult for the petitioner to travel from Trichirappalli District to the Family Court, Chennai, and therefore, she seeks for transfer.

3. Heard the learned counsel for the petitioner and perused the materials placed on record. There is no representation for the respondent.

4. I am satisfied with the reasons stated in the affidavit filed in support of this petition. It is well settled law that convenience of woman is to be taken into consideration at the time of considering transfer applications as held by the Supreme Court in the judgment reported in 2008(9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta). I am inclined to 2/5

allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following direction: "The Principal Sub Court, Tiruchirappalli, is directed to transmit the entire records in H.M.O.P.No.52 of 2023 to the file of the Family Court, Chennai, within a period of two weeks from the date of receipt of copy of this order for disposal on merits".

No costs. Consequently, connected miscellaneous petition is closed. 08.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM 3/5

To 1.The Principal Sub Court, Tiruchirappalli 2.The Family Court, Chennai.

3.The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai.

4/5

G. ILANGOVAN, J.

CM TR. C.M.P.(MD)No.515 of 2023 and CMP(MD)No.11325 of 2023 08.02.2024 5/5