Sujatha Balaraman vs T. Dileeban

G. Rajasuria, J.—This petition is focussed to withdraw the H.M.O.P. No. 109 of 2007 from the file of the Principal Subordinate Court,

Dindigul and transfer it to any other tent Court at Thirunelveli. Heard both sides.

The tacts leading to the filing of this Transfer Civil Miscellaneous Petition would run thus:

The petitioner/wife filed this Transfer Civil Miscellaneous Petition as against the respondent/husband who filed H.M.O.P. No. 109 of 2007 for

declaring the marriage between the petitioner and respondent as null and void in Principal Sub Court, Dindigul. The grievance of the petitioner/wife

is that she delivered twin daughters two years ago; she is having the responsibility of looking after them; she is residing within the Jurisdiction of Sub

Court, Tirunelveli that she could not travel all along from Thirunelveli to Dindigul to attend the matrimonial proceedings and that H.M.O.P. No. 109

of 2007 from the file of the Principal Sub Court, Dindigul, has to be transferred to Sub Court at Tirunelveli.

Whereas the learned counsel for the respondent would vehemently oppose the move on the ground that the petitioner is working as a Lecturer

and in such a case there would be no difficulty for her to travel from Tirunelveli to Dindigul, atleast for a few days and get the matter disposed of.

According to the respondent, the petitioner had contended in the H.M.O.P. that the husband was guilty of cruelty towards her and that she was

also willing to get divorce.

The point for consideration is as to whether there is justification on the part of the wife in seeking transfer of the H.M.O.P. No. 109 of 2007

from the file of the Principal Sub Court, Dindigul, to Sub Court, Tirunelveli?

Point: Perused records. The learned counsel for the petitioner reiterating the grounds as found in the petition, would pray for transfer of the

H.M.O.P. No. 109 of 2007 from Principal Sub Court, Dindigul, to Sub Court, Tirunelveli. Whereas the learned counsel for the respondent made

an extempore submission to the effect that the respondent would be agreeable even for transferring the case from Principal Sub Court, Dindigul to

the Family Court at Madurai so that it would be midway for both the husband and wife to travel and attend the proceedings. But the Court has to

see the balance of convenience. Indisputably the petitioner delivered twin daughters two years ago and that she is working as a Lecturer in

Government Engineering College at Tirunelveli. Naturally by leaving those tender aged twins it would be difficult for her to travel from Tirunelveli to

Dindigul and attend the Court proceedings and it would out weigh the inconvenience, if any, that would be experienced by the husband for

travelling from Dindigul to Tirunelveli. As such I would like to transfer H.M.O.P. No. 109 of 2007 from Principal Sub Court, Dindigul, to Principal

Sub Court, Tirunelveli, and no prejudice would be caused to the respondent herein.

The learned counsel for both sides1 would pray for fixing a time limit of one month for the disposal of the H.M.O.P. In the result, H.M.O.P.

No. 109 of 2007 pending on the file of the Principal Sub Court, Dindigul, is withdrawn and transferred to the Principal Sub Court, Tirunelveli, to

be dealt with as per law. Consequently, connected M.P.(MD) No. 1 of 2008 is closed. The Principal Subordinate Judge, Dindigul shall transfer

the records immediately to the Principal Sub Court, Tirunelveli. The Principal Sub Judge, Tirunelveli shall dispose of the matter within a period of

one month from the date of receipt of such records. No costs.