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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2019
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
TR.C.M.P(MD)No.537 of 2018
and
C.M.P(MD)No.12513 of 2018
Parvathi … Petitioner/
Respondent
Vs.
S.Thendapani … Respondent/
Petitioner
PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the Civil Procedure Code, 1908, praying to withdraw H.M.O.P.No.105 of
2018 pending before the Sub Court, Palani, Dindigul District and transfer
the same to the file of the Sub Court, Ramanathapuram,
Ramanathapuram District.
For Petitioner :Mr.D.Balamurugapandi
For Respondent :Mr.D.Venkatesh
ORDER
This Transfer Civil Miscellaneous Petition has been filed by
the petitioner / wife seeking transfer of H.M.O.P.No.105 of 2018, from
the file of the Subordinate Court, Palani, Dindigul District to the file of
the Subordinate Court, Ramanathapuram, Ramanathapuram District.
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2.It is stated in the petition that the marriage between the
petitioner and the respondent was solemnized on 22.05.2015. After
marriage, both of them lived happily for some time and they blessed
with a male child and the child is now aged about 2 years. Later, due to
misunderstanding, the respondent herein / husband of the petitioner has
filed H.M.O.P.No.105 of 2018 seeking divorce with the false allegations.
The grievance of the petitioner is that the respondent being a resident
of Palani Town, Dindigul District, has filed the above divorce petition at
the Subordinate Court, Palani, Dindigul District, whereas the petitioner is
residing at Ramanathapuram, along with her aged parents and as she is
depending upon her aged parents, it is very difficult for her to travel
about 250 kms along with her child from Ramanathapuram to Palani for
attending each and every hearing of the case.
3.Earlier, the matter was posted for mediation before this Court on
02.04.2019 and this Court directed the respondent / husband to return
the jewels and household articles to the petitioner. When the matter
was taken up for hearing on 12.04.2019, the respondent / husband
along with his counsel has handed over the entire jewels of the
petitioner and the petitioner / wife after verifying the same in the
presence of her counsel, found it correct and received the jewels
totalling 23 sovereigns and 2 grams of gold.
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4.Today, when the matter is taken up for hearing, the learned
counsel for the petitioner reiterated the averments made in the petition.
5.The learned Counsel for the respondent has no objection for
transferring H.M.O.P.No.105 of 2018 to the file of the Sub Court,
Ramanathapuram. However, he would submit that in the event of
allowing this petition, this Court may direct the Court below to dispose
of the case within a stipulated time.
6.Heard the learned counsel for the petitioner and the learned
counsel for the respondent and perused the materials available on
record.
7.I am satisfied with the reasons stated in the affidavit filed in
support of this petition. The Hon’ble Supreme Court in the judgment
reported in 2008 (9)SCC 353 (Arti Rani @ Pinki Devi and another
Vs. Dharmendra Kumar Gupta), has held that convenience of woman
is to be taken into consideration first at the time of considering transfer
application. In view of the above, I am inclined to allow this Transfer
Civil Miscellaneous Petition. Accordingly, this petition is allowed with the
following directions:
i)The learned Subordinate Judge, Palani, Dindigul
District is directed to transmit the entire records in
H.M.O.P.No.105 of 2018 to the file of the Subordinate
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4J.NISHA BANU,J.
smn
Court, Ramanathapuram, Ramanathapuram District,
within a period of two weeks from the date of receipt of
copy of this order.
ii)The learned Subordinate Judge, Ramanathapuram,
Ramanathapuram District, after obtaining the records on
transfer, is directed to dispose of H.M.O.P.No.105 of 2018
on merits and in accordance with law, as expeditiously as
possible, preferably within a period of four months from
the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed.
29.04.2019
Index :Yes/No
Internet:Yes/No
smn
To
1.The Subordinate Judge,
Palani, Dindigul District,.
2.The Subordinate Judge,
Ramanathapuram,
Ramanathapuram District.
ORDER MADE IN
TR.C.M.P(MD)No.537 of 2018
and
C.M.P(MD)No.12513 of 2018
http://www.judis.nic.in
