Madras High Court
N.Thamees Banu vs S.N.Syed Mohammed Abuthahir on 3 August, 2022
TR.C.M.P(MD).No.74 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.74 of 2022
and
C.M.P(MD).No.1592 of 2022
N.Thamees Banu ... Petitioner
versus
S.N.Syed Mohammed Abuthahir
@ S.N.Syed Afzal ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24
of C.P.C to withdraw the case in O.S.No.5 of 2021 on the file of the
Family Court, Dindigul and transfer the same to the Family Court,
Trichy.
For Petitioner : Mr.A.Haja Mohideen
For Respondent : Mr.C.M.Arumugam
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.74 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in O.S.No.5 of 2021 from the file of the Family
Court, Dindigul, to the file of the Family Court, Trichy.
2. The petitioner is the wife and the respondent is the husband.
The marriage between the petitioner and the respondent was
solemnized on 17.03.2019, as per the Muslim Rites and Customs and
out of the wedlock, they are blessed with a female child on 02.01.2020.
Due to some misunderstanding, now, they are living separately.
Thereafter, the respondent has filed O.S.No.5 of 2021 before the
Family Court, Dindigul, for divorce. Now, the petitioner and her child
are living along with her parents at Trichy. Since the petitioner alone
has to take care of her child and there is no one to accompany her, she
finds it difficult to travel from Trichy to Dindigul. Hence, she filed the
present Transfer Civil Miscellaneous Petition to transfer the case in
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TR.C.M.P(MD).No.74 of 2022
O.S.No.5 of 2021 from the file of the Family Court, Dindigul to Family
Court, Trichy.
3. The learned counsel appearing for the petitioner submits that
the distance between Trichy and Dindigul is around 105 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 aged about
2 years and there is no one to accompany her, she finds it difficult to
travel from Trichy to Dindigul for appearing before the Family Court,
Dindigul, for each and every hearing.
4. Heard the learned counsel appearing 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
convenience of the wife and more so of the child must be taken into
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TR.C.M.P(MD).No.74 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.
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 O.S.No.5 of 2021 pending
on the file of the Family Court, Dindigul, is withdrawn and ordered to
be transferred to the file of the Family Court, Trichy. The Family
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TR.C.M.P(MD).No.74 of 2022
Court, Dindigul, is directed to transmit the entire case records to the
Family Court, Trichy, forthwith. The learned Judge, Family Court,
Trichy, 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.74 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.74 of 2022
03.08.2022
https://www.mhc.tn.gov.in/judis
