TR.C.M.P(MD)No.423 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.423 of 2022 and
C.M.P(MD)No.6928 of 2022
Merlin Pabitha ... Petitioner
Vs
Arunandhu Britto ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to pass an order of
withdrawal of IDOP.No.77 of 2022 pending on the file of
the Family Court, Sivagangai, Sivagangai District and
transfer the same to the file of the District Court,
Ramanthapuram, Ramanathapuram District.
For Petitioner : Mr.K.Saravanan
For Respondent : Mr.D.Balamurugapandi
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in DOP.No.77 of 2022 from Family Court, Sivagangai to District Court, Ramanathapuram. 1/6 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.423 of 2022
2.The marriage between the petitioner and the respondent was solemnized on 01.09.2013. Now the husband has filed a petition in IDOP.No.77 of 2022 seeking for restitution of conjugal rights before the Family Court, Sivagangai. The petitioner has filed a petition in IDOP.No.57 of 2021 before the District Court, Ramanathapuram seeking dissolution of marriage. Since the petitioner / wife is a resident of Ramanathapuram District, she has filed this present Transfer Civil Miscellaneous Petition to transfer the above proceedings in IDOP.No.77 of 2022 from the Family Court, Sivagangai to the District Court, Ramanathapuram, on the grounds that she is depending on her parents, she is having a child of tender age and recently she met with an accident and since no one is there to accompany her, she finds it difficult to appear before Court by travelling to Sivagangai.
3.The learned Counsel for the respondent has raised his objection to the relief sought for by the petitioner.
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4.The Hon'ble Apex Court in the case of Amitha Shah vs- Virendar Lal Shah, reported (2003)10 SCC 609 has held that the convenience of the wife and more so of the child must be taken into account while deciding the petition for transfer and 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.
5.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. 3/6 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.423 of 2022
6.In the light of the above, this transfer civil miscellaneous petition stands allowed with the following directions:
(i)The proceedings in IDOP.No.77 of 2022 is withdrawn from the Family Court, Sivagangai and transferred to the District Court, Ramanathapuram.
(ii)The learned Judge, Family Court, Sivagangai is directed to send the above case records within a period of fifteen days from the date of receipt of a copy of this order to the learned District Judge, Family Court, Ramanathapuram, who in turn, on receipt of the case, shall dispose of the same as expeditiously as possible. No costs. Consequently, connected miscellaneous petition stands closed.
07.09.2022 Index: Yes/No dsk 4/6 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.423 of 2022 To
1.The Judge, Family Court, Sivagangai.
2.The District Judge, Ramanathapuram.
5/6 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.423 of 2022 B.PUGALENDHI, J.
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