S.Mangalanayakai v. R.Muthukumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN TR. C.M.P.(MD)No.761 of 2023 and CMP(MD)No.17122 of 2023 S.Mangalanayakai

...Petitioner/Petitioner

Vs.

1.R.Muthukumar 2.Geetha

...Respondents/Respondents

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to order to withdraw and transfer the case in H.M.O.P.No.551 of 2022 on the file of the Family Court, Thiruchirappalli and transfer the same to the Family Court, Tirunelveli.

For Petitioner : Mr.S.Aravinthan For Respondents : No appearance

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.551 of 2022 from the file of the Family Court, Thiruchirappalli, to the file of the Family Court, Tirunelveli.

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2. The learned counsel appearing for the petitioner would aver, among other things, that the petitioner herself filed H.M.O.P.No.551 of 2022 on the file of the Family Court, Thiruchirappalli, for dissolution of marriage. The petitioner submits that distance between the residence of the petitioner to Karur is 290 kms and therefore, she is not in a position to travel and 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 2/4

allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following direction: The Family Court, Thiruchirappalli, is directed to transmit the entire records in H.M.O.P.No.551 of 2022 to the file of the Family Court, Tirunelveli, 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. 26.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To 1.The Family Court,Thiruchirappalli 2.The Family Court, Tirunelveli

3. The Section Officer, V.R Section,Madurai Bench of Madras High Court,Madurai. 3/4

G. ILANGOVAN, J.

CM TR. C.M.P.(MD)No.761 of 2023 and CMP(MD)No.17122 of 2023 26.03.2024 4/4