Allowed

B.Gokula Divya Roopa v. K.Rajeshkumar

Madras HC1 Jul 2022TR CMP(MD)/30/2022

Case brief

AI extract

What is this about?

The Madras High Court allowed a transfer petition to move matrimonial proceedings from Ramanathapuram to Madurai from the residence of the wife, who was the petitioner. The court noted the respondent had no objection and held that convenience, particularly of the wife, is a settled ground for transfer.

What did the court decide?

The proceedings in H.M.O.P.No.92 of 2021 were transferred from the Sub Court, Ramanathapuram to the Sub Court, Madurai.

B.Gokula Divya Roopa Vs K.Rajeshkumar — Matrimonial and Divorce | Madras HC (2022)

¶1

Tr.C.M.P(MD)No.30 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 01.07.2022

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

¶6

Tr.C.M.P(MD)No.30 of 2022 and C.M.P(MD) No.539 of 2022

B.Gokula Divya Roopa

... Petitioner

-Vs-

K.Rajeshkumar

... Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.92 of 2021 on the file of the Ramanathapuram Sub Court and transfer the same to the Sub Court, Madurai.

¶13

For Petitioner : No appearance For Respondent : Mrs.A.Banumathy

¶14

O R D E R

¶15

This Transfer Civil Miscellaneous Petition has been filed

¶16

seeking transfer of the proceedings in H.M.O.P.No.92 of 2021 from the

¶17

file of the Sub Court, Ramanathapuram to the Sub Court, Madurai.

¶18

1/5 https://www.mhc.tn.gov.in/judis

¶19

Tr.C.M.P(MD)No.30 of 2022

¶20

2.Today(01.07.2022), when the matter is taken up for

¶21

hearing, there is no representation for the petitioner.

¶22

3.The learned Counsel appearing for the respondent submits

¶23

that the respondent is not having any objection in allowing this petition.

¶24

4.It is seen from the affidavit filed in support of this petition,

¶25

that the marriage between the petitioner and the respondent was solemnized on 04.11.2020, as per the Hindu Rites and Customs. Subsequently, due to some difference of opinion, the husband filed H.M.O.P.No.92 of 2021 before the Sub Court, Ramanathapuram, seeking divorce. Since the petitioner/wife is a resident of Madurai, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.92 of 2021 from the file of the Sub Court, Ramanathapuram, to the Sub Court, Madurai.

¶26

5.This Court, being satisfied with the reasons stated in the

¶27

affidavit filed in support of this petition, considering that there is no objection on the side of the respondent and also taking into consideration

¶28

2/5 https://www.mhc.tn.gov.in/judis

¶29

Tr.C.M.P(MD)No.30 of 2022

¶30

that it is well settled law that convenience of wife is to be taken into consideration at the time of considering transfer applications as held by the Honourable Supreme Court in the judgment reported in 2008(9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), is inclined to allow the present petition.

¶31

6.In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in H.M.O.P.No.92 of 2021 on the file of the Sub Court, Ramanathapuram is withdrawn and ordered to be transferred to the file of the Sub Court, Madurai. The learned Sub Judge, Ramanathapuram is directed to transmit the entire case records to the Sub Court, Madurai forthwith and the learned Judge, Sub Court, Madurai, who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

¶32

01.07.2022

¶33

Index : Yes/No Internet : Yes/No vrn

¶34

3/5

¶35

https://www.mhc.tn.gov.in/judis

¶36

Tr.C.M.P(MD)No.30 of 2022

¶37

¶38

1.The Sub Court, Ramanathapuram.

¶39

2.The Sub Court, Madurai.

¶40

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

¶41

4/5 https://www.mhc.tn.gov.in/judis

¶42

Tr.C.M.P(MD)No.30 of 2022

¶43

B.PUGALENDHI, J.

¶44

vrn

¶45

Order made in Tr.C.M.P(MD)No.30 of 2022

¶46

01.07.2022

¶47

5/5 https://www.mhc.tn.gov.in/judis

B.Gokula Divya Roopa v. K.Rajeshkumar

Case brief

What is this about?

What did the court decide?

B.Gokula Divya Roopa v. K.Rajeshkumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Akila Vs v.Kannan

MM350, Vaiyampatty Primary Agricultural Vs the Deputy Registrar of

M.Lakshmi Vs Natarajan

Prabakaran @ China Prabhakaran Vs The Inspector of Police

Aamina Beevi Vs Jahir Hussain

Swathy Vs K.Prakash