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Parvathi vs S.Thendapani on 29 April, 2019

1

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.

http://www.judis.nic.in
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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.

http://www.judis.nic.in
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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
http://www.judis.nic.in
4

J.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

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