Tr.C.M.P(MD)No.402 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.402 of 2022
and
C.M.P(MD) No.6597 of 2022
Santhiya ... Petitioner
-Vs-
Amal Arockiya Das ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24
of C.P.C., to withdraw the proceedings in I.D.O.P.No.52 of 2022, on
the file of the learned Principal District Judge, Pudukottai and transfer
the same to the file of the learned Principal District Judge, Sivagangai.
For Petitioner : Mr.G.Sathish
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the proceedings in I.D.O.P.No.52 of 2022 from the file of the Principal District Court, Pudukottai to the Principal District Court, Sivagangai.
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2.The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 20.11.2020. Subsequently, due to some difference of opinion, they separated. The husband filed I.D.O.P.No.52 of 2022 before the Principal District Court, Pudukottai, for Restitution of Conjugal Rights. Since the petitioner/wife is a resident of Sivagangai, she filed this present Transfer Civil Miscellaneous Petition to transfer the proceedings in I.D.O.P.No.52 of 2022, from the file of the Principal District Court, Pudukottai to the Principal District Court, Sivagangai.
3.The learned counsel appearing for the petitioner submits that the distance between Pudukottai and Sivagangai is around 90kms and the petitioner is finding it very difficult to travel such a long distance and there is no one to accompany her.
4.Though notice served upon the respondent, there is no representation for him.
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5.The Hon'ble Apex Court in the case of Amitha Shah vs- Virendar Lal Shah, reported in (2003)10 SCC 609, has held that the convenience of the wife and more particularly the child must be taken into account while deciding the petition for transfer. Further, in the case of Rajani Kishor Paradeshi Vs Kishor Babulal Paradeshi reported in (2005) 12 SCC 237, the Hon'ble Apex Court has held that in such type of transfer petitions, the convenience of the wife is to be preferred over the convenience of the husband.
6.This Court being satisfied with the reasons stated in the affidavit filed in support of this petition and also taking into consideration that the convenience of wife is to be taken into consideration at the time of considering transfer petitions as held by the Hon'ble Supreme Court in the judgments cited supra, is inclined to allow the present petition.
7.In the light of the above, this transfer civil miscellaneous petition stands allowed. The proceedings in 3/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.402 of 2022 I.D.O.P.No.52 of 2022, on the file of Principal District Court, Pudukottai is withdrawn and ordered to be transferred to the Principal District Court, Sivagangai. The learned Principal District Judge, Pudukottai is directed to transmit the entire case records to the Principal District Judge, Sivagangai forthwith and the learned Principal District Judge, Sivagangai, who in turn shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.
06.09.2022 Index : Yes/No Internet : Yes/No vrn To
1.The Principal District Court, Pudukottai.
2.The Principal District Court, Sivagangai.
3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.402 of 2022 B.PUGALENDHI, J.
vrn Order made in Tr.C.M.P(MD)No.402 of 2022 06.09.2022 5/5 https://www.mhc.tn.gov.in/judis