TR.C.M.P(MD)No.431 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.431 of 2022 and
C.M.P(MD)No.7063 of 2022
Varsha Priyadarshini ... Petitioner
Vs
Vijaya Rahul ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
HMOP.No.224 of 2022 on the file of the Family Court,
Tirunelveli and to transfer the same to the Sub Court,
Sankarankoil.
For Petitioner : Mr.K.Jeyamohan
For Respondent : No representation
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking transfer of the case in HMOP.No.224 of 2022 from Family Court, Tirunelveli to Sub Court, Sankarankoil.
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2.The marriage between the petitioner and the respondent was solemnized on 15.03.2021. Now the husband has filed a petition in HMOP.No.224 of 2022 seeking for divorce before the Family Court, Tirunelveli. Since the petitioner / wife is a resident of Sankarankoil taluk, she has filed this present Transfer Civil Miscellaneous Petition to transfer the above proceedings to the Sub Court, Sankarankoil, on the ground that she is depending on her parents, she is having a child of tender age and since no one is there to accompany her, she finds it difficult to appear before Court by travelling to Tirunelvli.
3.Though the respondent is served and his name being printed in the cause list there is no representation.
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 2/5 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.431 of 2022 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.
6.In the light of the above, this transfer civil miscellaneous petition stands allowed with the following directions:
(i)The proceedings in HMOP.No.224 of 2022 is withdrawn from the Family Court, Tirunelveli and transferred to the Sub Court, Sankarankoil. 3/5
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(ii)The learned Judge, Family Court, Tirunelveli 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, Sankarankoil, 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 Judge, Family Court, Tirunelveli.
2.The Sub Judge, Sankarankoil.
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