Madras High Court
Pandiselvi vs Vijayakumar on 3 August, 2022
TR.C.M.P(MD).No.64 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.64 of 2022
and
C.M.P(MD).No.1336 of 2022
Pandiselvi ... Petitioner
versus
Vijayakumar ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24
of C.P.C to withdraw the case in H.M.O.P.No.133 of 2021 on the file
of the Subordinate Court, Omalur and the transfer the same to the
Subordinate Court, Srivilliputhur.
For Petitioner : Mr.S.Ramasamy
For Respondent : Mr.Vijayakumar
(Party-in-person)
1/6
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TR.C.M.P(MD).No.64 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.133 of 2021 from the file of the
Subordinate Court, Omalur, to the file of the Subordinate Court,
Srivilliputhur.
2. The petitioner is the wife and the respondent is the husband.
The marriage between the petitioner and the respondent was
solemnized on 13.03.2019, as per the Hindu Rites and Customs. Due
to some misunderstanding, now, they are living separately. Thereafter,
the respondent has filed H.M.O.P.No.133 of 2021 before the
Subordinate Court, Omalur, for divorce. Now, the petitioner is living
along with her parents at Rajapalayam. Since the parents of the
petitioner are not in a position to accompany her, she finds it difficult
to travel from Rajapalayam to Omalur. Hence, she filed the present
Transfer Civil Miscellaneous Petition to transfer the case in
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TR.C.M.P(MD).No.64 of 2022
H.M.O.P.No.133 of 2021 from the file of the Subordinate Court,
Omalur, to the file of the Subordinate Court, Srivilliputhur.
3. The learned counsel appearing for the petitioner submits that
the distance between Rajapalayam and Omalur is around 350 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's parents are not in a position to
accompany her, she finds it difficult to travel from Rajapalayam to
Omalur for appearing before the Subordinate Court, Omalur, for each
and every hearing.
4. Heard the respondent, who appeared as party-in-person.
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.64 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 H.M.O.P.No.133 of 2021
pending on the file of the Subordinate Court, Omalur, is withdrawn and
ordered to be transferred to the file of the Subordinate Court,
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TR.C.M.P(MD).No.64 of 2022
Srivilliputhur. The Subordinate Court, Omalur, is directed to transmit
the entire case records to the Subordinate Court, Srivilliputhur,
forthwith. The learned Subordinate Judge, Srivilliputhur, 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 Subordinate Court,
Omalur.
2. The Subordinate Court,
Srivilliputhur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.64 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.64 of 2022
03.08.2022
https://www.mhc.tn.gov.in/judis
