This transfer petition is filed to withdraw the case H.M.O.P.No.32 of 2015 on the file of Sub-Court, Dharapuram, Tiruppur District to transfer the same to Subordinate Court, Perundurai, Erode District.
2. The petitioner is the wife and respondent is the husband. The marriage between the petitioner and the respondent was conducted on 24.02.1993. In the wedlock, two children by name Rajesh Kumar and Aarthi were born on 23.01.1995 & 24.01.2001 respectively. Due to difference of opinion, the petitioner and the respondent are living separately. The respondent has filed H.M.O.P.No.32 of 2015 on the file of the Sub Court, Dharapuram against the petitioner for divorce, on the ground of adultery and desertion.
3. According to the petitioner, she is residing at Perundurai, Erode, alongwith her children. It is very difficult for her to travel along with her children, for each and every hearing before Sub-Court, Dharapuram. In these circumstances, she has come out with the present Transfer Civil Miscellaneous Petition.
4. 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]. Further, the petitioner has also given valid and sufficient reasons to transfer the case in H.M.O.P.No.32 of 2015 from the file of Sub Court, Dharapuram, Tiruppur District, to the file of Sub Court, Perundurai, Erode District.
5. Taking into consideration the above facts and in view of the above cited judgments, the case in H.M.O.P.No.32 of 2015 is pending on the file of Sub Court, Dharapuram, Tiruppur District is ordered to be withdrawn and transferred to Sub Court, Perundurai, Erode District. The Presiding Officer, Sub Court, Dharapuram is directed to transmit all the records pertaining to H.M.O.P.No.32 of 2015 to Sub Court, Dharapuram, within a period of two weeks from the date of receipt of a copy of this order.
6. Accordingly, this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected Miscellaneous Petition is closed.
21.06.2017 Index : Yes/No rgr/gsk V.M.VELUMANI, J.
rgr To
1.The Sub Court, Perundurai.
2.The Sub Court, Dharapuram.
Tr.C.M.P.No.260 of 2015 21.06.2017