Selvarani, Vs Jeyamani

Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the H.M.O.P.No.243 of 2019 on the file of Family Court, Madurai and transfer the same to Family Court, Coimbatore for disposal.

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For Petitioner : Mr.B.Muneeswaran

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For Respondent : No appearance

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ORDER

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The Transfer Civil Miscellaneous Petition is filed to withdraw the

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

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Tr.C.M.P.(MD)No.678 of 2022

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case from the file of the Family Court, Madurai, in H.M.O.P.No.243 of

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2019 and transfer the same to the file of the Family Court, Coimbatore.

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It is seen from the records that paper publication was effected and service was held sufficient for the respondent. Despite printing the name of the respondent in the cause list, he has not turned up.

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Heard the learned counsel appearing for the petitioner.

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It is not in dispute that the marriage between the petitioner and the respondent was solemnized on 25.03.2010 as per the Hindu Rites and Customs and that subsequently there arose some misunderstanding and they are living separately. It is also not in dispute that the respondent filed a petition in H.M.O.P.No.243 of 2019 seeking divorce and the same is pending on the file of the Family Court, Madurai.

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The learned counsel appearing for the petitioner would submit that the petitioner is residing at Coimbatore and finds it difficult to travel to Madurai to attend the hearings along with her 14 years old female child.

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

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Tr.C.M.P.(MD)No.678 of 2022

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha

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reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has reiterated the position with generally, it is the wife's convenience, which must be looked at while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder :

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“ The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed. ”

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Considering the above facts and circumstances and also taking

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

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Tr.C.M.P.(MD)No.678 of 2022

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note of the fact that the petitioner is residing at Coimbatore, this Court is of the view that the case in H.M.O.P.No.243 of 2019 is ordered to be withdrawn from the file of the Family Court, Madurai, and transfer the same to the file of the Family Court, Coimbatore. Accordingly, the learned Judge, Family Court, Madurai, is hereby directed to transmit the entire records in H.M.O.P.No.243 of 2019 to the file of the Family Court, Coimbatore, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge, Family Court, Coimbatore, is directed to take up the petition on file and proceed in accordance with law.

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