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2015 DIGILAW 2267 (MAD)

R. Yoga Priya v. P. Rajakannu

2015-06-22

V.M.VELUMANI

body2015
Judgment :- This petition has been filed by the petitioner/wife to withdraw and transfer the case in H.M.O.P.No.166 of 2014 pending on the file of the Sub-Court, Uthamapalayam, Theni District, to the file of the Principal Subordinate Court, Madurai, Camp Court, at Melur and consequently, direct the transferee Court to deal with the said case in accordance with law. 2. The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 16.05.2013 as per Hindu rites and customs. After the marriage, both the petitioner and the respondent were residing together at Hosur. A male child was born in the wedlock. Due to misunderstanding, the petitioner left the matrimonial home along with her child and is staying with her parents at Kodikulam Village, Madurai District. While so, the respondent filed H.M.O.P.No.166 of 2014 on the file of Sub-Court, Uthamapalayam, Theni District, for divorce. The petitioner filed H.M.O.P.No.376 of 2014 on the file of Sub-Court, Melur, Madurai District, for restitution of conjugal rights. 3. According to the petitioner, the distance between Uthamapalayam and Madurai is 110 kilometers and being a lady, it is very difficult for her to attend each and every hearing before the Sub-Court, Uthamapalayam, along with her minor child. In the circumstances, she has come out with the present Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.166 of 2014 from the file of Sub-Court, Uthamapalayam, Theni District, to Principal Sub-Court, Madurai, Camp Court at Melur. 4. Heard the learned counsel appearing for the parties. 5. The learned counsel for the respondent entered appearance through counsel and he did not file any counter affidavit. The learned counsel for the respondent submitted that the respondent is working as Senior System Engineer at Bangalore, and it is very difficult for him to attend the hearing before the Sub-Court, Melur. There is a life threat by the petitioner's family. Therefore, he prayed for dismissal of the Transfer Civil Miscellaneous Petition or transfer to some other Court instead of Sub-Court, Melur. 6. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. 6. It is well settled law that whenever, the transfer application is filed in matrimonial disputes, the convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another]. 7. The respondent has alleged that there is a threat to his life by the family members of the petitioner and it will not be safe for him to go to Melur to attend the hearing in the Sub-Court, Melur. 8. Taking into consideration this averment and for convenience of both parties and to avoid conflicting decisions, both H.M.O.P.No.166 of 2014 pending on the file of the Sub-Court, Uthamapalayam, Theni District, and H.M.O.P.No.376 of 2014, pending on the file of the Sub-Court, Melur, Madurai District, are transferred to Sub-Court, Madurai, to be tried together. 9. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of and H.M.O.P.No.166 of 2014 pending on the file of the Sub-Court, Uthamapalayam, Theni District, and H.M.O.P.No.376 of 2014 pending on the file of the Sub-Court, Melur, Madurai District, are hereby withdrawn and transferred to the file of the Sub-Court at Madurai. The learned Sub-Judge, Uthamapalaym, Theni District, and the learned Sub-Judge, Melur, Madurai District, are directed to send the case bundles to the Sub-Court, Madurai, immediately. The Registry is also directed to send back the papers that are pending before the Registry. The parties shall appear as and when required or if so directed by the learned Sub-Judge, Madurai. No costs. Consequently, connected miscellaneous petition is closed.