P.Lalitha vs R.Sambathkumar
2022 Latest Caselaw 13805 Mad

                                                                              TR.C.M.P(MD)No.538 of 2021

                                  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.538 of 2021
                                                         and
                                               C.M.P(MD)No.9802 of 2021

                     P.Lalitha                                             ... Petitioner
                                                               Vs

                     R.Sambathkumar                                       ... Respondent

                                  Transfer    Civil     Miscellaneous    Petition        is     filed
                     under           Section      24     of     C.P.C,   to      withdraw          the
                     proceedings pending in FCOP.No.129 of 2021 from the
                     file of the Family Court, Namakkal and transfer the
                     same to the Principal Sub Court at Karur.


                                   For    Petitioner     :     Mr.E.K.Kumaresan
                                   For Respondent        :   Mr.S.Anand Chandrasekar
                                                          for M/s.Sarvabahuman Associates

                                                              ORDER

This Transfer Civil Miscellaneous Petition has

been filed seeking transfer of the case in FCOP.No.129

of 2021 from the Family Court, Namakkal and transfer

the same to the Principal Sub Court at Karur.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.538 of 2021

2.The marriage between the petitioner and

the respondent was solemnized on 26.02.2020 as per the

Hindu Rites and Customs. Due to difference of opinion,

they are living separately. Now the husband filed a

petition in FCOP.No.129 of 2021 before the Family

Court, Namakkal seeking divorce and the petitioner has

filed a petition in HMOP.No.157 of 2021 seeking

restitution of conjugal rights before the Principal

Sub Court, Karur. Since the petitioner / wife is a

resident of Karur district, she has filed this Petition

seeking transfer of the above proceedings from Namakkal

to Karur on the ground that she has filed the petition

before the Principal Sub Court, Karur and in order to

avoid any conflict judgments, the case filed by the

husband to be transferred to the Principal Sub Court,

Karur.

3.The learned Counsel for the respondent has

objected for transferring the case as prayed for.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.538 of 2021

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.538 of 2021

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

miscellaneous petition stands allowed with the

following directions:

(i)The proceedings in FCOP.No.129 of 2021

is withdrawn from the Family Court, Namakkal

and transferred to the Principal Sub Court,

Karur.

(ii)The learned Judge, Family Court,

Namakkal 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 Principal Sub Judge, Karur, 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.

03.08.2022

Index: Yes/No

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.538 of 2021

To

1. The Judge, Family Court, Namakkal.

2. The Principal Sub Judge, Karur.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.538 of 2021

B.PUGALENDHI, J.

dsk

TR.C.M.P(MD)No.538 of 2021

03.08.2022

https://www.mhc.tn.gov.in/judis