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2008 DIGILAW 737 (MAD)

Sujatha Balaraman v. T. Dileeban

2008-02-28

G.RAJASURIA

body2008
Judgment :- This petition is focussed to withdraw the H.M.O.P.No.109 of 2007 from the file of the Principal Subordinate Court, Dindigul and transfer it to any other competent Court at Thirunelveli. 2. Heard both sides. 3. The facts leading to the filing of this Transfer Civil Miscellaneous Petition would run thus: The petitioner/wife filed this Transfer Civil Miscellaneous Petition as against the respondent/husband who filed H.M.O.P.No.109 of 2007 for declaring the marriage between the petitioner and respondent as null and void in Principal Sub Court, Dindigul. The grievance of the petitioner/wife is that she delivered twin daughters two years ago; she is having the responsibility of looking after them; she is residing within the Jurisdiction of Sub Court, Tirunelveli that she could not travel all along from Thirunelveli to Dindigul to attend the matrimonial proceedings and that H.M.O.P.No.109 of 2007 from the file of the Principal Sub Court, Dindigul, has to be transferred to Sub Court at Tirunelveli. 4. Whereas the learned counsel for the respondent would vehemently oppose the move on the ground that the petitioner is working as a Lecturer and in such a case there would be no difficulty for her to travel from Tirunelveli to Dindigul, atleast for a few days and get the matter disposed of. According to the respondent, the petitioner had contended in the H.M.O.P. that the husband was guilty of cruelty towards her and that she was also willing to get divorce. 5. 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.109 of 2007 from the file of the Principal Sub Court, Dindigul, to Sub Court, Tirunelveli? 6. Point: Perused records. The learned counsel for the petitioner reiterating the grounds as found in the petition, would pray for transfer of the H.M.O.P.No.109 of 2007 from Principal Sub Court, Dindigul, to Sub Court, Tirunelveli. Whereas the learned counsel for the respondent made an extempore submission to the effect that the respondent would be agreeable even for transferring the case from Principal Sub Court, Dindigul to the Family Court at Madurai so that it would be midway for both the husband and wife to travel and attend the proceedings. But the Court has to see the balance of convenience. But the Court has to see the balance of convenience. Indisputably the petitioner delivered twin daughters two years ago and that she is working as a Lecturer in Government Engineering College at Tirunelveli. Naturally by leaving those tender aged twins it would be difficult for her to travel from Tirunelveli to Dindigul and attend the Court proceedings and it would out weigh the inconvenience, if any, that would be experienced by the husband for travelling from Dindigul to Tirunelveli. As such I would like to transfer H.M.O.P.No.109 of 2007 from Principal Sub Court, Dindigul, to Principal Sub Court, Tirunelveli, and no prejudice would be caused to the respondent herein. 7. The learned counsel for both sides would pray for fixing a time limit of one month for the disposal of the H.M.O.P. 8. In the result, H.M.O.P.No.109 of 2007 pending on the file of the Principal Sub Court, Dindigul, is withdrawn and transferred to the Principal Sub Court, Tirunelveli, to be dealt with as per law. Consequently, connected M.P.(MD) No.1 of 2008 is closed. The Principal Subordinate Judge, Dindigul shall transfer the records immediately to the Principal Sub Court, Tirunelveli. The Principal Sub Judge, Tirunelveli shall dispose of the matter within a period of one month from the date of receipt of such records. No costs.