BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/01/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Tr.C.M.P.(MD) No.11 of 2008 and M.P.(MD) No.1 of 2008 Ramatilagam .. Petitioner Vs. Shanmugasundram .. Respondent Prayer Petition filed under Section 24 and 151 of Code of Civil Procedure to withdraw the H.M.O.P.No.46 of 2006 from the file of the Sub Court, Paramakudi and transfer to any other Sub Court in Dindigul or Trichy. !For Petitioner ... Mr.R.Nandakumar ^For Respondent ... Mr.K.Govindarajan :JUDGMENT
This petition is focussed to withdraw the H.M.O.P.No.46 of 2006 from the
file of the Sub Court, Paramakudi and transfer it to any other Sub Court in
Dindigul or Trichy.
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 respondent/husband filed H.M.O.P.46 of 2006 as against the wife in
Sub Court, Paramakudi for restitution of conjugal rights. The grievance of the
petitioner/wife is that she could not travel all along from her residence at
Vaiyampatti, Trichy District, to Paramakudi so as to attend the proceedings in
the H.M.O.P.46 of 2006 pending in the said Sub Court, Paramakudi. She would
also submit that she has got one minor child to be taken care of and that she
could not leaving the child in the lurch proceed to attend the Court proceedings
at Paramakudi.
4. The point for consideration is as to whether there is justification on
the part of the wife in seeking transfer of the the H.M.O.P.No.46 of 2006 from
the file of the Sub Court, Paramakudi, to any other Court ?
5. Point: The ground as found set out in the petition is that the
petitioner being a lady having a minor child cannot travel all along from
Vaiyampatti, Trichy District to Paramakudi to attend the matrimonial proceedings
pending before the Sub Court, Paramakudi. I am of the considered view that the
convenience of the wife should be considered in this case in view of her duty to
take care of her minor child. The learned counsel for the respondent would
oppose the transfer, however he would submit that in the event of this Court
deciding to transfer the case, it might be to Family Court, Madurai. Hence, I
would like to transfer H.M.O.P.No.46 of 2006 to Family Court, Madurai, which
would be better for petitioner/wife and the husband to attend the hearings
there.
6. In the result, H.M.O.P.No.46 of 2006 pending on the file of the Sub
Court, Paramakudi is withdrawn and transferred to the Family Court, Madurai, to
be dealt with as per law. Consequently, connected M.P.(MD) No.1 of 2008 is
closed. No costs.
sj
To
1.The Subordinate Judge,
Paramakudi.
2.The Judge,
Family Court,
Madurai.