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2025 DAILYLAW 12150 (MAD)

G. REKHA @ REBEKAH v. S. RAJA @ CHRISTOPUR

TR CMP/68/2024 · 2025-01-24

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tr.C.M.P.No.68 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.01.2025 CORAM : THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.68 of 2024 & C.M.P.No.1569 of 2024 G.Rekha @ Rebekah .. Petitioner Vs S.Raja @ Christopur .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in I.D.O.P.No.373 of 2023 pending on the file of the learned District Judge at Thiruvallur and transfer the same to the file of the learned Subordinate Judge at Ambattur. For Petitioner : Mr.Periaswamy I. For Respondent : No appearance O R D E R This transfer petition is at the instance of the wife. She seeks withdrawal of I.D.O.P.No.373 of 2023 from the file of the learned 1/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.68 of 2024 District Judge at Thiruvallur and transfer the same to the file of the learned Subordinate Judge at Ambattur. 2. I heard Mr.I.Periyaswamy for the transfer petitioner. I have gone through the affidavit. 3. Though notice has been served on the respondent and his name is printed in the cause list, there is no representation for him either in person or through counsel. Since the service has been completed, I took up the transfer petition for disposal. 4. The petitioner married the respondent on 04.11.2005. From the wedlock, they were blessed with two children. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in I.D.O.P.No.373 of 2023 for divorce before the learned District Judge at Thiruvallur. Pleading that the wife is residing in Ambattur and unable to travel from Ambattur to Thiruvallur, she has moved this transfer petition. 2/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.68 of 2024 5. This Court and the Supreme Court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. As the distance between Ambattur and Thiruvallur is considerable and since it will be difficult for the wife to leave the children behind and travel to attend the Court, I am inclined to accept the transfer. 6.Accordingly, I.D.O.P.No.373 of 2023 is withdrawn from the file of the learned District Judge at Thiruvallur and transferred to the file of the learned Subordinate Judge at Ambattur. 7. The Transfer Civil Miscellaneous Petition is ordered on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No kj 3/4 https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.68 of 2024 V. LAKSHMINARAYANAN,J. Kj To 1.The District Judge at Thiruvallur. 2.The Subordinate Judge at Ambattur. Tr.C.M.P.No.68 of 2024 & C.M.P.No.1569 of 2024 24.01.2025 4/4 https://www.mhc.tn.gov.in/judis