This Petition is filed to withdraw IDOP.No.8 of 2014 from the file of the Principal District Court, Chengalpat and transfer to the file of the Principal District Court at Nagerkoil in Kanniyakumari District.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was solemnized on 02.02.2009 as per Christian rites and customs. Out of wed-lock, a male child was born to them on 01.02.2012. Due to difference of opinion that arose between the petitioner and respondent, both of them are living separately. The respondent filed IDOP.No.8 of 2014 against the petitioner-wife on the file of the Principal District Court at Chengalpat for divorce.
3. According to the petitioner, she is residing in Kanyakumari District along with her minor child in her parents house. The distance between Kanyakumari and Chengalpet is more than 700 kms and hence, it is very difficult for her to travel from Kanyakumari to Chengalpet to attend the hearing. Therefore, she prays for transfer of IDOP.No.8 of 2014 from the file of the Principal District Court, Chengalpat, to the file of the Principal District Court, Nagerkoil in Kanniyakumari District.
4. Though the name of the respondent has been printed in the cause-list, there is no representation on behalf of him either in person or through counsel.
5. Heard the learned counsel for the petitioner.
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. Having regard to the submissions made by the learned counsel for the petitioner along with the above decisions, the petition in IDOP.No.8 of 2014 is ordered to be withdrawn from the file of the Principal District Court at Chengalpat and transfer to the file of the Principal District Court at Nagerkoil in Kanniyakumari District. The Principal District Court, Chengalpat, is directed to transmit all the records pertaining to IDOP.No.8 of 2014 to the file of the Principal District Court at Nagerkoil in Kanniyakumari District, within a period of three months from the date of receipt of a copy of this order.
Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.
12.06.2017 gv Speaking (or) Non Speaking Index : Yes (or) No gv V.M.VELUMANI.,J gv To
1. The Principal District Court, Chengalpat.
2. The Principal District Court, Nagerkoil, Kanniyakumari District.
Tr.C.M.P.No.622 of 2015 and M.P.No.1 of 2015 12.06.2017 Tr CMP.No.622 of 2015 V.M.VELUMANI, J., Today, the above matter is posted under the caption For Being Mentioned at the instance of the learned counsel appearing for the respondent.
2.The learned counsel appearing for the respondent would submit that the above Tr. CMP is ordered by this Court on 12.06.2017 and on perusal of the said order, the following discrepancies were noted:- [a] in the appearance Portion for Respondent, it has been mentioned as No appearance instead of Mr.G.Vargheese.
[b] paragraph No.4, has to be deleted.
3.In view of the above submission, the Registry is directed to make the following corrections in the said judgment and issue fresh order copy forthwith:- [a] Incorporate Mr.G.Vergheese in the respondent's appearance portion instead of No appearance.
[b] Delete paragraph No.4 in the order and number the following paragraphs accordingly.
30.06.2017 jv V.M.VELUMANI, J., jv Tr CMP.No.622 of 2015 30.06.2017