R.Pandi Meena vs S.Dhanasekara Pandian
2022 Latest Caselaw 13817 Mad

                                                                            TR.C.M.P(MD).No.170 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.170 of 2022
                                                         and
                                               C.M.P(MD).No.3070 of 2022

                     R.Pandi Meena                                           ... Petitioner

                                                           versus

                     S.Dhanasekara Pandian                                    ... Respondent

                                  Transfer Civil Miscellaneous Petition is filed under Section 24
                     of C.P.C to withdraw the case in H.M.O.P.No.219 of 2021 pending on
                     the file of the Sub Court, Uthamapalayam and transfer the same to the
                     file of the Sub Court, Ponneri, Chennai.


                                        For Petitioner        : Mr.A.Satheesh Murugan
                                        For Respondent        : No appearance




                     1/6



https://www.mhc.tn.gov.in/judis
                                                                             TR.C.M.P(MD).No.170 of 2022


                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the case in H.M.O.P.No.219 of 2021 from the file of the Sub

Court, Uthamapalayam, to the file of the Sub Court, Ponneri, Chennai.

2. The petitioner is the wife and the respondent is the husband.

The marriage between the petitioner and the respondent was

solemnized on 29.05.2015, as per the Hindu Rites and Customs and out

of the wedlock, they are blessed with a female child. Due to some

misunderstanding, now, they are living separately. Thereafter, the

respondent has filed H.M.O.P.No.219 of 2021 before the Sub Court,

Uthamapalayam, for divorce. Now, the petitioner and her child are

living along with her old-aged parents at Sengundram, Chennai. Since

the petitioner's parents are not in a position to accompany her, she finds

it difficult to travel from Chennai to Uthamapalayam. Hence, she filed

the present Transfer Civil Miscellaneous Petition to transfer the case in

H.M.O.P.No.219 of 2021 from the file of the Sub Court,

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.170 of 2022

Uthamapalayam, to the file of the Sub Court, Ponneri, Chennai.

3. The learned counsel appearing for the petitioner submits that

the distance between Chennai and Uthamapalayam is around 536 kms.

He further submits that the petitioner is not having sufficient means to

travel and she depends upon her parents to meet out her day-to-day

expenses. Since the petitioner alone has to care of her child and old-

aged parents and there is no one to accompany her, she finds it difficult

to travel from Chennai to Uthamapalayam for appearing before the Sub

Court, Uthamapalayam, for each and every hearing.

4. When the matter was taken up for hearing on 14.07.2022,

there was no representation for the respondent. Even today, there is no

representation for the respondent.

5. The Hon'ble Apex Court in the case of Amitha Shah vs-

Virendar Lal Shah, reported (2003)10 SCC 609) has held that the

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.170 of 2022

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.

6. 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.

7. In the light of the above, the Transfer Civil Miscellaneous

petition stands allowed. The proceedings in H.M.O.P.No.219 of 2021

pending on the file of the Sub Court, Uthamapalayam, is withdrawn

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.170 of 2022

and ordered to be transferred to the file of the Sub Court, Ponneri,

Chennai. The Sub Court, Uthamapalayam, is directed to transmit the

entire case records to the Sub Court, Ponneri, Chennai, forthwith. The

learned Judge, Sub Court, Ponneri, Chennai, shall dispose of the case

as expeditiously as possible. No costs. Consequently, connected

miscellaneous petition is closed.

03.08.2022

Index : Yes / No Internet: Yes / No ogy

To

1. The Family Court, Dindigul,

2. The Family Court, Trichy.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.170 of 2022

B.PUGALENDHI, J.

ogy

TR.C.M.P(MD).No.170 of 2022

03.08.2022

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