Priyanka Baskaran v. Revanth Harikrishna

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2025

CORAM

THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.139 of 2025 Priyanka Baskaran .. Petitioner Vs.

Revanth Harikrishna .. 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.94 of 2024 on the file of the Sub Court, Palladam and transfer the same to the file of the Sub Court, Madurai.

For Petitioner : Mr.K.Althaf Sheriff for M/s.Ajmal Associates For Respondent : Mr.K.Rajeshwaran

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.94 of 2024 on the file of the Sub Court, Palladam and transfer the same to the file of the Sub Court, Madurai. Page No 1 of 5

2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 06.03.2022 at Master Mahal, Madurai District as per the Hindu Rites and Customs. Out of wedlock, a male child, named Suheerthan, was born on 18.05.2023.

3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.94 of 2024 on the file of the Sub Court, Palladam seeking restitution of conjugal rights.

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/wife is now residing with her child at Arasaradi, Madurai District under the care of her parents. The distance between the petitioner's place of residence and Palladam is around 165 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 one and a half year old child. Hence, she now Page No 2 of 5

seeks transfer of proceeding in H.M.O.P.No.94 of 2024 from the file of the Sub Court, Palladam to the file of the III Additional Sub Court, Madurai.

6. The learned counsel for the respondent has raised only formal 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, Palladam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.94 of 2024, to the file of the III Additional Sub Court, Madurai 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, III Additional Sub Court, Madurai is directed to Page No 3 of 5

take the case on file and dispose of the case 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.

06.03.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5

P. VADAMALAI , J.

mkn To 1.The Sub Court, Palladam.

2.The III Additional Sub Court, Madurai.

and C.M.P.(MD)No.139 of 2025 06.03.2025 Page No 5 of 5