TR.C.M.P(MD)No.320 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.320 of 2022 and
C.M.P(MD)No.5419 of 2022
M.Abirami Devi ... Petitioner
Vs
M.Muthuraj ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw HMOP.No.225 of
2022 on the file of the Sub Court, Poonamallee and
transfer the same to the Sub Court, Madurai.
For Petitioner: Mr.K.Lakshmi Gopinathan
For Respondent: Mr.V.Sitharaman
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in HMOP.No.225 of 2022 from Sub Court, Poonamallee to Sub Court, Madurai.
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2.The marriage between the petitioner and the respondent was solemnized on 11.09.2019. Now the husband has filed a petition in HMOP.No.225 of 2022 seeking divorce before the Sub Court, Poonamallee. Since the petitioner / wife is a resident of Madurai District, she has filed this present Transfer Civil Miscellaneous Petition to transfer the above proceedings in to the Sub Court, Madurai, on the ground that she is depending on her parents and since no one is there to accompany her, she finds it difficult to appear before Court by travelling to Ponnamallee.
3.The learned Counsel for the respondent has raised his objection to the relief sought for by the petitioner.
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 2/5 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.320 of 2022 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.
6.In the light of the above, this transfer civil miscellaneous petition stands allowed with the following directions:
(i)The proceedings in HMOP.No.225 of 2022 is withdrawn from the Sub Court, Poonamallee and transferred to the Sub Court, Madurai. 3/5
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(ii) The learned Sub Judge, Poonamallee, 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 Sub Judge, Maudrai, 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 To
1.The Sub Judge, Poonamallee.
2.The Sub Judge, Madurai.
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