M.Rajalakshmi v. M.Anantharaj
Court: Madras High Court
Bench: HONOURABLE MR JUSTICE K.MURALI SHANKAR
Judgment date:
Case summary
Madras High Court judgment dated 2024-12-16. M.Rajalakshmi v. M.Anantharaj. Read the judgment and case details on LawSphereX.
Judgment text
Tr. C. M. P(MD). No. 708 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16. 12. 2024 CORAM THE HONOURABLE MR. JUSTICE K. MURALI SHANKAR Tr. C. M. P (MD). No. 708 of 2024 and C. M. P(MD)No. 17001 of 2024 M. Rajalakshmi : Petitioner Vs. M. Anantharaj : Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in H. M. O. P. No. 286 of 2024 on the file of the Sub Court, Kovilpatti and transfer the same to the Family Court, Tirunelveli. For Petitioner : Mr. M. Perumal For Respondent : Ms. A. Arul Jenifer O R D E R The Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in H. M. O. P. No. 286 of 2024 on the file of the Sub Court, Kovilpatti and transfer the same to the Family Court, Tirunelveli. https://www. mhc. tn. gov. in/judis1/5 Tr. C. M. P(MD). No. 708 of 2024 2. It is evident from the records that the marriage between the parties was solemnized on 04. 05. 2022.
It is not in dispute that the respondent has filed a petition in H. M. O. P. No. 286 of 2024 seeking divorce and the same is pending on the file of the Sub Court, Kovilpatti. 3. The learned counsel for the petitioner would submit that the petitioner is residing at Tirunelveli and finds it very difficult to travel from Tirunelveli to Kovilpatti to attend the hearings. 4. The learned counsel for the respondent would submit that the case may be transferred to the Sub Court, Tirunelveli and the personal appearance of the respondent before the Sub Court may be dispensed with. 5. In the case of N. C. V. Aishwarya Vs. A. S. Saravana Karthik Sha 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 : https://www. mhc. tn. gov. in/judis2/5 Tr. C. M. P(MD).
No. 708 of 2024 “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. ” 6.
Considering facts and circumstances of the case and taking note of the fact that the petitioner is residing at Tirunelveli, this Court is inclined to transfer the case in H. M. O. P. No. 286 of 2024, from the file of the Sub Court, Kovilpatti to the Family Court, Tirunelveli. Accordingly, the learned Subordinate Judge, Kovilpatti, is hereby directed to transmit the entire records in H. M. O. P. No. 286 of 2024 to the file of the Family Court, Tirunelveli, 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, Tirunelveli, is directed to take up the petition on file and proceed in accordance with law. https://www. mhc. tn. gov. in/judis3/5 Tr. C. M. P(MD). No. 708 of 2024 7. With the above direction, the Transfer Civil Miscellaneous Petition stands allowed. Consequently, connected Miscellaneous Petition is closed.
The respondent is at liberty to approach the concerned Court for dispensing with the personal appearance. No costs. 16. 12. 2024 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1. The Subordinate Judge, Kovilpatti, 2. The Judge, Family Court, Tirunelveli. 3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. https://www. mhc. tn. gov. in/judis4/5 Tr. C. M. P(MD). No. 708 of 2024 K. MURALI SHANKAR, J. DAS Order made in Tr. C. M. P (MD). No. 708 of 2024 and C. M. P(MD)No. 17001 of 2024 16. 12. 2024 https://www. mhc. tn. gov. in/judis5/5
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