BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/02/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Tr.C.M.P.No.135 of 2007 and M.P.(MD)NO.1 of 2007 M.Jayanthi .. Petitioner Vs. S.Suresh Kumar alias Pushparaj .. Respondent Prayer Petition filed under Section 24 of Code of Civil Procedure to transfer the case in H.M.O.P.No.33 of 2007 pending on the file of the Sub-Court, Devakkottai to Sub-Court, Pudukkottai. !For Petitioner ... Mr.R.Sathish ^For Respondent ... Mr.P.Muthusamy :JUDGMENT
This petition is focussed to transfer the case in H.M.O.P.No.33 of 2007
pending on the file of the Sub-Court, Devakkottai to Sub-Court, Pudukkottai.
2. Heard both sides.
3. A re’sume’ of facts absolutely necessary and germane for the disposal
of this Transfer Civil Miscellaneous Petition would run thus:
The H.M.O.P.No.33 of 2007 filed by the respondent/husband for restitution
of conjugal rights, is pending in Sub-Court, DevokKottai. Whereas, the
wife/petitioner herein filed H.M.O.P.No.139 of 2007 in Sub-Court, PudukKottai.
The grievance of the petitioner/wife is that she is living with her parents and
she being a lady having a minor child to be looked after, cannot travel all
along from Pudukkottai to Devakkottai, so as to attend the proceedings in
H.M.O.P.33 of 2007 pending in the said Sub Court, Devakkottai. Hence, she prays
for transfer of H.M.O.P.No.33 of 2007 from the file of the Sub Court,
Devakkottai, to Sub Court, Pudukkottai.
4. The point for consideration is as to whether there is justification on
the part of the wife in seeking transfer of the H.M.O.P.No.33 of 2007 from the
file of the Sub Court, Devakkottai, to Sub Court, Pudukkottai?
5. Point: Perused records. The learned counsel for the petitioner would
convincingly and correctly highlight the fact that the petitioner being a lady
having a minor child, would not be able to travel every time to Devakkottai so
as to attend the matrimonial proceedings pending before the Sub Court,
Devakkottai, and that too when H.M.O.P.No.139 of 2007 is pending before the Sub
Court, Pudukkottai. I could see considerable force in the submission made by the
learned counsel for the petitioner. Hence, I would like to transfer
H.M.O.P.No.33 of 2007 from Sub Court, Devakkottai, to Sub Court, Pudukkottai,
and no prejudice would be caused to the respondent herein.
6. In the result, H.M.O.P.No.33 of 2007 pending on the file of the Sub
Court, Devakkottai, is withdrawn and transferred to the Sub Court, Pudukkottai,
to be dealt with as per law. Consequently, connected M.P.(MD) No.1 of 2007 is
closed. No costs.
sj
To
1.The Subordinate Judge,
Devakottai.
2.The Subordinate Judge,
Pudukottai.