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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.03.2019
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
TR.C.M.P(MD)No.30 of 2019
and
C.M.P(MD)No.1020 of 2019
Sarojini … Petitioner/
Respondent
Vs.
Dr.Kirubanantha Sarathy … Respondent/
Petitioner
PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24
read with 151 of the Civil Procedure Code, 1908, praying to withdraw
H.M.O.P.No.167 of 2018 pending before the Sub Court,
Ramanathapuram and transfer the same to the file of the Principal Sub
Court, Thanjavur.
For Petitioner :Mr.M.Karunanithi
For Respondent :Mr.T.R.Jeyapalam
ORDER
This Transfer Civil Miscellaneous Petition has been filed by
the petitioner / wife seeking transfer of H.M.O.P.No.167 of 2018, from
the file of the Sub Court, Ramanathapuram to the file of the Principal
Sub Court, Thanjavur.
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2.It is stated in the petition that the marriage between the
petitioner and the respondent was solemnized on 06.02.2014. After
marriage, due to misunderstanding, the respondent / husband filed
H.M.O.P.No.109 of 2017 on the file of the Sub Court, Ramanathapuram
for restitution of conjugal rights. Thereafter, the issue has been settled
between them and the said petition has been closed. Thereafter, both
of them lived happily. Later, due to misunderstanding, the respondent
harassed the petitioner and also filed H.M.O.P.No.167 of 2018 seeking
divorce with the false allegations. The grievance of the petitioner is that
the respondent being a resident of Ramanathapuram, has filed the
above divorce petition at the Sub Court, Ramanathapuram, whereas the
petitioner is residing at Thanajvur, along with her aged parents and as
she is depending upon her aged parents, it is very difficult for her to
travel about 350 kms from Thanjavur to Ramanathapuram for attending
each and every hearing of the case. She also apprehends threat at the
hands of the respondent / husband.
3.The learned counsel for the petitioner reiterated the averments
made in the petition.
4.The learned Counsel for the respondent would vehemently
oppose to the grant of relief. He would also submit that the
respondent / husband suffered from severe heart ailment due to the
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continuous mental torture of the petitioner / wife. The doctor advised
him not to travel in any car or lift anything. He also submitted a copy of
discharge summary issued to the respondent / husband by SRM Institute
for Medical Science, Vadapalani, wherein it is stated as follows:
Provisional Diagnosis: Chronic Type A Dissection
Trileaflet Aortic Valve Mild Aortic Regurgitation Good LV
Function (EF – 61%) Normal Coronaries Systemic
Hypertension.
Final Diagnosis : Chronic Type A Dissection Trileaflet
Aortic Valve Mild Aortic Regurgitation Good LV Function (EF –
61%) Normal Coronaries Systemic Hypertension.
Surgery: Frozen Elephant Trunk + Aortic Arch
Replacement by Using 24MM Vascutek Graft on 22.11.2018”.
Thus, he prayed to transfer H.M.O.P.No.167 of 2018 to the file of the
Court, which situates in the middle of Ramanathapuram and Thanjavur.
5.Heard the learned counsel for the petitioner and the learned
counsel for the respondent and perused the materials available on
record.
6.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 while considering transfer application. After elaborate
arguments, in the present circumstances of the case, the learned
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counsel for the petitioner and the respondent agreed for transfer of the
case to the Principal Sub Court, Madurai and accordingly, this petition is
allowed with the following directions:
i)The learned Subordinate Judge, Ramanathapuram
is directed to transmit the entire records in H.M.O.P.No.
167 of 2018 to the file of the Principal Sub Court, Madurai
within a period of two weeks from the date of receipt of
copy of this order.
ii)The learned Principal Sub Judge, Madurai, after
obtaining the records on transfer, is directed to dispose of
H.M.O.P.No.167 of 2018 on merits and in accordance with
law, as expeditiously as possible, preferably within a
period of six months from the date of receipt of a copy of
this order.
No costs. Consequently, connected miscellaneous petition is closed.
14.03.2019
Index :Yes/No
Internet:Yes/No
smn
To
1.The Subordinate Judge,
Ramanathapuram.
2.The Principal Sub Judge,
Thanjavur.
3.The Principal Sub Judge,
Madurai.
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J.NISHA BANU,J.
smn
ORDER MADE IN
TR.C.M.P(MD)No.30 of 2019
and
C.M.P(MD)No.1020 of 2019
14.03.2019
http://www.judis.nic.in