Muneeswari v. Sudalaimuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.15100 of 2024 Muneeswari .. Petitioner Vs.

Sudalaimuthu .. 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.89 of 2022 on the file of the Sub Court, Kovilpatti and transfer the same to the file of the Family Court, Coimbatore.

For Petitioner : Mr.S.Rameshkumar For Respondent : No Appearance

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.89 of 2022 on the file of the Sub Court, Kovilpatti and transfer the same to the file of the Family Court, Coimbatore.

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2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 08.03.2015 at Shri Subramaniya Swamy Kovil, Thoothukudi District as per the Hindu Rites and Customs. Out of wedlock, a female child, named Nisha, was born on 07.01.2016.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.89 of 2022 on the file of the Sub Court, Kovilpatti 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.

6. The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her child at Kangayampalayam, Page No 2 of 5

Coimbatore. The distance between Coimbatore and Kovilpatti is around 600 Kms to and fro, 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 nine year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.89 of 2022 from the file of the Sub Court, Kovilpatti to the file of the Family Court, Coimbatore.

7. It is well settled proposition of law that whenever 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, Sub Court, Kovilpatti is directed to transmit the entire records pertaining to the case in H.M.O.P.No.89 of 2022 to the file of the Family Court, Coimbatore 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 Page No 3 of 5

Judge, Family Court, Coimbatore 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.

14.02.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Sub Court, Kovilpatti.

2.The Family Court, Coimbatore.

and C.M.P.(MD)No.15100 of 2024 14.02.2025 Page No 5 of 5