N.Sudha Vs P.Nagarajan

To withdraw and transfer DVOP No. 20 of 2019 on the file of the Judicial Magistrate at Vedasandur to the Special Mahila Court, Saidapet, Chennai for disposal in accordance with law.

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TR CMP No. 193 of 2024

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PRAYER IN CMP:

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To stay all further proceedings in DVOP No. 20 of 2019 on the file of the Judicial Magistrate at Vedasandur, pending disposal of the above transfer petition.

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For Petitioner(s): Mr.J.Saravana Vel For R2 & R3 Mr.Devaraj Mahesh For R1 No appearance

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ORDER

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Heard.

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This Transfer Civil Miscellaneous Petition is filed by the wife to withdraw D.V.O.P. No.20 of 2019 pending on the file of the Judicial Magistrate, Vedasandur, Dindigul and to transfer the same to the file of the Special Mahila Court, Saidapet, Chennai.

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The marriage between the petitioner and the respondent was solemnized on 18.02.2008 as per Hindu rites and customs. Out of their wedlock, two children were born to them.

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TR CMP No. 193 of 2024

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The petitioner is the wife. She states that she is presently residing at Velachery, Chennai and that Vedasandur is about 500 kms away from Chennai, and therefore it is extremely difficult for her to travel and prosecute the Domestic Violence proceedings at Vedasandur.

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It is also brought to the notice of this Court that the petitioner has filed O.P. No.1781 of 2023 before the II Additional Family Court, Chennai, against the first respondent seeking divorce, and the said proceedings are pending at Chennai.

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In transfer petitions arising out of matrimonial and allied proceedings, the paramount consideration is the ends of justice and the comparative hardship. When the wife is residing within the jurisdiction of the proposed transferee Court and she is required to travel a long distance to attend every hearing, the Court ordinarily leans in favour of her convenience, particularly when no serious prejudice is shown to be caused to the respondents.

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In the case on hand, having regard to the petitioner’s place of residence at Chennai, the long distance involved, and the pendency of connected matrimonial proceedings at Chennai, this Court is satisfied that the transfer sought deserves to be allowed, to avoid hardship and to facilitate

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TR CMP No. 193 of 2024

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effective adjudication.

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Accordingly, Tr.C.M.P. No.193 of 2024 is allowed. D.V.O.P. No.20 of 2019 on the file of the Judicial Magistrate, Vedasandur, is withdrawn and transferred to the file of the Special Mahila Court, Saidapet, Chennai. The Judicial Magistrate, Vedasandur, shall transmit the entire records to the Special Mahila Court, Saidapet, Chennai, within three (3) weeks from the date of receipt of this order and the Special Mahila Court, Saidapet, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 26.02.2024 shall stand vacated and C.M.P. No.3781 of 2024 is closed. There shall be no order as to costs.

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23-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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MFA

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TR CMP No. 193 of 2024