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Madras High CourtTR CMP(MD)/662/2024allowed

Mohana Sundari v. K.Jegan Mohan

2025-04-24Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)Nos.16027 of 2024 & 667 of 2025 Tr.C.M.P.(MD)No.662 of 2024 :

Mohana Sundari .. Petitioner Vs.

1.K.Jegan Mohan 2.Selvaraj .. Respondents 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.87 of 2021 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Namakkal or any other competent Court at Namakkal District.

For Petitioner : Mr.V.Balaji For Respondents : No Appearance Page No 1 of 6

Tr.C.M.P.(MD)No.27 of 2025 :

Mohana Sundari .. Petitioner Vs.

K.Jegan Mohan .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in G.W.O.P.No.35 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Namakkal or any other competent Court at Namakkal District.

For Petitioner : Mr.V.Balaji For Respondent : No Appearance COMMON ORDER These Transfer Civil Miscellaneous Petitions have been filed by the petitioner/wife to withdraw the proceedings in H.M.O.P. No.87 of 2021 and G.W.O.P.No.35 of 2021 on the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Namakkal or any other competent Court at Namakkal District.

2. The petitioner is the wife and the 1st respondent in Tr.C.M.P. (MD)No.662 of 2024 / the respondent in Tr.C.M.P.(MD)No.27 of 2025, Page No 2 of 6

namely K.Jegan Mohan, is the husband. The marriage between both the parties was solemnized on 08.06.2016 at Taj Marriage Hall, Trichy as per the Hindu Rites and Customs. Out of their wedlock, two children, named Praganya Mohan and Mouli Mohan, were born.

3. Due to disputes and differences, the parties have separated, and the husband has initiated proceedings on the file of the Family Court, Trichy in H.M.O.P.No.87 of 2021 seeking divorce and G.W.O.P.No.35 of 2021 seeking relief of declaration that he is the guardian of Minor Praganya Mohan.

4. The names of the respondents have been printed in the cause list. Despite the names have been printed in the cause list, the respondents have neither entered appearance through a counsel nor in-persons to oppose these transfer petitions.

5. Heard the learned counsel appearing for the petitioner.

6. The learned counsel appearing for the petitioner submits that the petitioner/wife is now residing with her minor son at Paramathi Velur Page No 3 of 6

Taluk, Namakkal District under the care of her parents. The distance between the petitioner's place of residence and Trichy is around 300 Kms to and fro, and being a lady, she finds it very difficult to travel such a long distance for attending every Court hearing along with the minor child. Hence, she seeks transfer of proceedings in H.M.O.P.No.87 of 2021 and G.W.O.P.No.35 of 2021 from the file of the Family Court, Trichy to the file of the Family Court, Namakkal or any other competent Court at Namakkal District.

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 overall facts and circumstances of the cases, and also considering the convenience of the wife, this Court is inclined to allow these petitions.

9. The learned Judge, Family Court, Trichy is directed to transmit the entire records, pertaining to the cases in H.M.O.P.No.87 of 2021 and Page No 4 of 6

G.W.O.P.No.35 of 2021, to the file of the Family Court, Namakkal 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 Judge, Family Court, Namakkal is directed to take those cases on file and dispose of the same as expeditiously as possible in accordance with law.

10. Accordingly, these Transfer Civil Miscellaneous Petitions stand allowed. No costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

24.04.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 5 of 6

P. VADAMALAI , J.

mkn To 1.The Family Court, Trichy.

2.The Family Court, Namakkal.

and C.M.P.(MD)Nos.16027 of 2024 & 667 of 2025 24.04.2025 Page No 6 of 6