Barani v. Veerapathiran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.18537 of 2024 Barani .. Petitioner Vs.

Veerapathiran .. 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.70 of 2023 on the file of the Sub Court, Keeranur and transfer the same to the file of the Principal Sub Court, Trichy within a time stipulated by this Court.

For Petitioner : Mr.A.Joseph Jerry For Respondent : Mr.T.Mohammed Kasim

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.70 of 2023 on the file of the Sub Court, Keeranur and transfer the same to the file of the Principal Sub Court, Trichy.

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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 29.08.2018 at Samayapuram Sri Muthumariamman Kovil, Trichy. Out of the wedlock, a girl child, named Keerthana, was born on 16.08.2019.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.70 of 2023 on the file of the Sub Court, Keeranur seeking dissolution of marriage.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. The learned counsel for the petitioner would submit that the petitioner is now residing with her child at Subramaniyapuram, Trichy. The distance between Trichy and Keeranur is around 30 Kms, 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 five year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.70 of 2023 from the file of the Sub Court, Keeranur to the file of the Principal Sub Court, Trichy.

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6. The learned counsel for the respondent has raised strong objection to this petition.

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 case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

9. The learned Judge, Sub Court, Keeranur is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.70 of 2023, to the file of the Principal Sub Court, Trichy 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, Principal Sub Court, Trichy is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

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10. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

19.02.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Sub Court, Keeranur.

2.The Principal Sub Court, Trichy.

and C.M.P.(MD)No.18537 of 2024 19.02.2025 Page No 5 of 5