Wife sought transfer of husband's divorce petition from Subordinate Court, Keeranur, Pudukkottai District to Thanjavur, citing 68 kms travel distance. Relying on the Supreme Court's guidance that a woman's convenience governs transfer applications, the court allowed the petition and directed transmission of records within two weeks.
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TR. CMP(MD)No.26 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
TR. C.M.P.(MD)No.26 of 2024 and CMP(MD)No.298 of 2024
Kalaiarasi ...Petitioner/Respondent
Vs.
Veeramani ...Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to order to withdraw and transfer the case in H.M.O.P.No.48 of 2023 on the file of the Subordinate Court, Keeranur, Pudukkottai Districct to the Subordinate Court, Thanjavur.
For Petitioner : Mr.G.Karuppasamy Pandiyan
For Respondent : No appearance
O R D E R
This Transfer Civil Miscellaneous Petition is filed
seeking transfer of H.M.O.P.No.48 of 2023 from the file of the Subordinate Court, Keeranur, Pudukkottai District to the file of the Sub Court, Thanjavur.
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TR. CMP(MD)No.26 of 2024
perused the materials placed on record. There is no representation for the respondent.
filed in support of this petition. It is well settled law that convenience of woman is to be taken into consideration at the time of considering transfer applications as held by the Supreme Court in
the judgment reported in 2008(9)SCC 353 (Arti Rani @ Pinki Devi
and another Vs. Dharmendra Kumar Gupta) . I am inclined to
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TR. CMP(MD)No.26 of 2024
allow this Transfer Civil Miscellaneous Petition. Accordingly, this petition is allowed with the following direction:
The Subordinate Court, Keeranur, Pudukkottai District, is directed to transmit the entire records in H.M.O.P.No.48 of 2023 to the file of the Subordinate Court, Thanjavur, within a period of two weeks from the date of receipt of copy of this order for disposal on merits.
No costs. Consequently, connected miscellaneous petition is closed.
15.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM
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TR. CMP(MD)No.26 of 2024
To
2.The Subordinate Court, Thanjavur.
3.The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai.
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TR. CMP(MD)No.26 of 2024
G. ILANGOVAN, J.
CM
TR. C.M.P.(MD)No.26 of 2024 and CMP(MD)No.298 of 2024
15.03.2024
1 issue framed by the court
Should H.M.O.P.No.48 of 2023 be transferred from Keeranur to Thanjavur considering the petitioner's distance and convenience as a woman?
Colour shows how this judgement treated each authority
Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar GuptaFollowed
2008(9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta) · Who else cites this
1 provisions across 1 enactments
Kalaiarasi
Veeramani
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
