M.Aarthi Vs M.Muthuselvam

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P. No.1589 of 2024 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Pattukottai.

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For Petitioner : Mr.T.Leninkumar

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For R1 : Mr.S.M.Kadhar

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For R2 : No Appearance, Given up

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in H.M.O.P.No.1589 of 2024 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Pattukottai.

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The petitioner is the wife, the 1^st respondent is the husband and the 2^nd respondent is the neighbour of the 1^st respondent. The marriage between the petitioner and the 1^st respondent was solemnized on 12.09.2018 at Sri Meenakshi Thirumana Mahal, Madurai as per the Hindu Rites and Customs. Out of wedlock, a female child, named Shashtika Sri, was born on 11.10.2021.

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Due to disputes and differences, the parties have separated, and the 1^st respondent/husband has initiated the proceeding in H.M.O.P.No.1589 of 2024 on the file of the Family Court, Madurai seeking divorce.

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The name of the 2^nd respondent has been printed in the cause list. A

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memo has already been filed by the learned counsel for the petitioner to

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given up as against the 2^nd respondent as he is not a necessary party to the proceeding.

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Heard the learned counsel for the petitioner and the learned counsel for the 1^st respondent.

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The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her child at Pappanadu, Thanjavur District under the care of her parents. The distance between the petitioner's place of residence and Madurai is around 400 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the three year old child. Hence, she seeks transfer of proceeding in H.M.O.P.No.1589 of 2024 from the file of the Family Court, Madurai to the file of the Sub Court, Pattukottai.

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The learned counsel for the 1^st respondent has filed a counter affidavit raising strong objection to allow this petition, and would submit that the petitioner is living with the 2^nd respondent. Further, he would submit that if the proceeding in H.M.O.P. No.1589 of 2024 is transferred

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from the file of the Family Court, Madurai to the file of the Sub Court, Pattukottai, some time frame may be given to the learned Subordinate Judge, Pattukottai to dispose of the case.

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It is well settled proposition of law that whenever the transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife’s convenience shall be given preference.

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Considering the overall facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

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The learned Judge, Family Court, Madurai is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.1589 of 2024, to the file of the Sub Court, Pattukottai within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Sub Court, Pattukottai is directed to take the case on file and dispose of the same in accordance with law within a period of five months from the date of receipt of records.

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