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Sarojini vs Dr.Kirubanantha Sarathy on 14 March, 2019

1

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.

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 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.

http://www.judis.nic.in
5

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

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