Menaga vs Muthukrishnan
2022 Latest Caselaw 13804 Mad

Citation : 2022 Latest Caselaw 13804 Mad
Judgement Date : 3 August, 2022

Madras High Court

Menaga vs Muthukrishnan on 3 August, 2022

                                                                                 TR.C.M.P(MD)No.9 of 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 03.08.2022

                                                              CORAM:

                                         THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                 TR.C.M.P(MD)No.9 of 2022
                                                            and
                                                  C.M.P(MD)No.187 of 2022

                     Menaga                                             ... Petitioner

                                                                Vs

                     Muthukrishnan                                      ... Respondent

                                  Transfer      Civil    Miscellaneous     Petition       is     filed
                     under           Section       24     of     C.P.C,    to     withdraw          the
                     HMOP No.203 of 2021 on the file of the Sub Court,
                     Srivilliputhur and to transfer the same to the file of
                     the Sub Court, Kovilpatti.


                                   For    Petitioner      :      Mr.M.Subash Babu
                                   For Respondent         :      Mr.P.Athimoola Pandian

                                                               ORDER

This Transfer Civil Miscellaneous Petition has

been filed seeking transfer of the case in HMOP No.203

of 2021 from the Sub Court, Srivilliputhur to the

Sub Court, Kovilpatti.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.9 of 2022

2.The marriage between the petitioner and

the respondent was solemnized on 01.07.2018 as per the

Hindu Rites and Customs. Due to difference of opinion,

they are living separately. Now the husband filed a

petition in HMOP No.203 of 2021 before the Sub Court,

Srivilliputhur seeking divorce. The petitioner claims

that she is residing at Vilathikulam in Tuiticorin

District and therefore she filed this petition seeking

transfer of the above proceedings to Kovilpatti on the

ground that the distance between Vilathikulam and

Kovilpatti is around 95 Kms, she is having a child of

eight months old and since no one is there to accompany

her, she finds it difficult to appear before the Court

by travelling such a long distance.

3.The learned Counsel for the respondent has

objected for transferring the case as prayed for and

requested to transfer to some other nearby court.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.9 of 2022

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.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.9 of 2022

6.In the light of the above, this transfer civil

miscellaneous petition stands allowed with the

following directions:

(i) The proceedings in HMOP.No.203 of 2021

is withdrawn from the Sub Court, Srivilliputhur

and transferred to the Sub Court, Sattur.

(ii) The learned Sub Judge, Srivilliputhur,

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, Sattur, who in turn, on

receipt of the case, shall dispose of the same

as expeditiously as possible.