TR.C.M.P(MD).Nos.298 to 300 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).Nos.298 to 300 of 2021
and
C.M.P(MD).Nos.6327, 6330, 6331 of 2021
C.Umamaheswari ... Petitioner in all petitions
v.
S.R.Jayaganesh ... Respondent in all petitions
COMMON PRAYER: Transfer Civil Miscellaneous Petitions filed under
Section 24 of C.P.C to withdraw the cases in HMOP.No.581 of 2019,
GWOP.No.698 of 2019 & HMOP.No.634 of 2019, respectively, on the file of
the Family Court, Madurai and transfer the same to the Family Court,
Thanjavur.
For Petitioner : Mr.M.Rajaguru
For Respondent : Mr.J.Sanjay Vignesh
[In all petitions]
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https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
ORDER
These Transfer Civil Miscellaneous Petitions have been filed seeking transfer of the cases in HMOP.Nos.581, 634 of 2019 & GWOP.No.698 of 2019, from the file of the Family Court, Madurai to the file of the Family Court, Thanjavur.
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 28.10.2012 and out of the wedlock, they are having a baby boy aged about nine years. Due to some misunderstanding, they are living separately. The petitioner is residing at Thanjavur along with the minor child and she has filed a petition in HMOP.No.581 of 2019 before the Family Court, Madurai, seeking dissolution of marriage. After the filing of the petition for divorce, the respondent / husband has filed HMOP.No.634 of 2019 seeking restitution of conjugal rights and GWOP.No.698 of 2019 seeking custody of the minor child, before the Family Court, Madurai.
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3. Learned Counsel for the petitioner submitted that the petitioner is working as a Lecturer in SASTRA University, Thanjavur and she is taking care of her minor child. Therefore, it is very difficult for her to appear before the Court at Madurai for each and every hearing and as such, he prayed for transferring all the petitions to the Court at Thanjavur.
4. Learned Counsel for the respondent submitted that the petitioner is working as a Lecturer and as such, it is not that she is not having any means to travel from Thanjavur to Madurai. In fact, it is the petitioner who has filed HMOP.No.581 of 2019 for divorce before the Family Court at Madurai. She contested the case before the Court at Madurai, all along, from the year 2019 and without any reasons, she has filed the present petitions to transfer all the three applications to the Court at Thanjavur. He has also relied upon the decision of the Hon'ble Apex Court in Usha George v. Koshy George, reported in 2000 (10) SCC 95, that when the Family Court has already seized of the matter over a long period and a number of hearing had already taken place, it is not proper to transfer the proceedings to some other Court at that stage.
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5. Though the petitions are pending before the Family Court at Madurai from the year 2019, it does not appear that the proceedings are at the verge. 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 so of the child must be taken into account while deciding the petition for transfer. 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 the petitions and also taking into account that the ratio laid down by the Hon'ble Apex Court in the judgments cited supra, is inclined to allow the present petitions.
7. In the light of the above, these transfer civil miscellaneous petitions stand allowed. The proceedings in HMOP.Nos.581, 634 of 2019 & 4/6 https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).Nos.298 to 300 of 2021 GWOP.No.698 of 2019, pending on the file of the Family Court, Madurai are withdrawn and ordered to be transferred to the file of the Family Court, Thanjavur. The learned Judge, Family Court, Madurai, is directed to transmit the entire case records to the Family Court, Thanjavur, forthwith. The learned Judge, Family Court, Thanjavur, shall try all the petitions together and shall endeavour to dispose of the same as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions stand closed.
Index : Yes / No 19.09.2022
Internet: Yes / No
gk
To
1. The Family Court,
Madurai.
2. The Family Court,
Thanjavur.
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https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).Nos.298 to 300 of 2021
19.09.2022
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