D.Rama Pushpam v. G.P.Sakthi Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN TR.CMP(MD).No.656 of 2023 and CMP(MD).No. 14513 of 2023 D.Ramapushpam ... Petitioner Vs.

G.P.Sakthikumar ... Respondent PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the HMOP.No.1788 of 2023 on the file of the VI Additional Family Court, Chennai and transfer the same to the file of the Family Court, Tirunelveli. For Petitioner : Mr.P. Rajesh For Respondent : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the case in HMOP.No.1788 of 2023 on the file of the VI Additional Family Court, Chennai and transfer the same to the file of the Family Court, Tirunelveli.

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2. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 27.01.2022 as per Hindu Rites and customs. One female child was born through the wedlock. Due to the matrimonial dispute, the petitioner left the matrimonial home along with her minor child. Thereafter, the respondent filed HMOP.No.1788 of 2023, before the VI Additional Family Court, Chennai for divorce.

3. Now, the petitioner is residing at Thirunelveli with her minor child. The distance between Thirunelveli and Chennai is approximately 623 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend HMOP.No.1788 of 2023, before the VI Additional Family Court, Chennai. In the above circumstances, she filed the present Transfer Civil Miscellaneous Petition to transfer the HMOP.No.1788 of 2023 on the file of the VI Additional Family Court, Chennai to the file of the Family Court, Tirunelveli.

4. Even though the notice was served upon the respondent, he has not chosen to appear before this Court either in person or through Advocate. So after hearing the learned Counsel for the petitioner, this 2/5

order is passed.

5. It is well settled law that whenever, the transfer petition is filed in matrimonial disputes, the convenience of the wife shall be given preference. Therefore, I am of the view that the petition filed by the wife is liable to be allowed.

5. Accordingly, the Transfer CMP is allowed and HMOP.No. 1788 of 2023 on the file of the VI Additional Family Court, Chennai, is ordered to be withdrawn and transferred to the file of the Family Court, Thiruneveli. The VI Additional Family Court, Chennai is directed to transmit the entire records pertaining to the case in HMOP.No.1788 of 2023 to the transferee Court, within a week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

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To

1. The VI Additional Family Court, Chennai.

2. The Family Court, Tirunelveli.

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G.ILANGOVAN,J.

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