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2025 DAILYLAW 116884 (MAD)

EVANJALIN v. MAKESH

TR CMP(MD)/44/2025 · 2025-02-20

P Vadamalai

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tr.CMP.(MD)No.44 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025 CORAM THE HON'BLE MR JUSTICE P. VADAMALAI Tr.CMP.(MD)No.44 of 2025 and C.M.P.(MD)No.1267 of 2025 Evanjalin .. Petitioner Vs. Makesh .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in I.D.O.P. No.90 of 2024 on the file of the Principal District Court, Dindigul and transfer the same to the file of the Family Court, Madurai. For Petitioner : Mr.V.Chandrapandi For Respondent : No Appearance ORDER The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in I.D.O.P.No.90 of 2024 on the file of the Page No 1 of 5 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)No.44 of 2025 Principal District Court, Dindigul and transfer the same to the file of the Family Court, Madurai. 2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 20.11.2022 at Seventh day Church, Madurai as per the Christian Rites and Customs. 3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in I.D.O.P.No.90 of 2024 on the file of the Principal District Court, Dindigul seeking divorce. 4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition. 5. Heard the learned counsel appearing for the petitioner. Page No 2 of 5 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)No.44 of 2025 6. The learned counsel for the petitioner would submit that the petitioner/wife is now residing at Meenambigai Nagar, Madurai District. The distance between Madurai and Dindigul is around 65 Kms, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing. Hence, she seeks transfer of proceeding in I.D.O.P.No.90 of 2024 from the file of the Principal District Court, Dindigul to the file of the Family Court, Madurai. 7. It is well settled proposition of law that whenever transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife’s convenience shall be given preference. 8. Considering the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition. 9. The learned Judge, Principal District Court, Dindigul is directed to transmit the entire records pertaining to the case in I.D.O.P.No.90 of 2024 to the file of the Family Court, Madurai within a period of three weeks from Page No 3 of 5 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)No.44 of 2025 the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Madurai is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law. 10. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 20.02.2025 Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No mkn Page No 4 of 5 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)No.44 of 2025 P. VADAMALAI , J. mkn To 1.The Principal District Court, Dindigul. 2.The Family Court, Madurai. Tr.CMP.(MD)No.44 of 2025 and C.M.P.(MD)No.1267 of 2025 20.02.2025 Page No 5 of 5 https://www.mhc.tn.gov.in/judis