A.Dyana Bharathi vs Christo Sangeeth
2022 Latest Caselaw 13853 Mad

                                                                                 TR.C.M.P(MD)No.566 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.566 of 2021
                                                             and
                                                  C.M.P(MD)No.10203 of 2021

                     A.Dyana Bharathi                                    ... Petitioner

                                                                 Vs

                     Christo Sangeeth                                    ... Respondent

                                  Transfer       Civil    Miscellaneous     Petition        is      filed
                     under Section 24 of C.P.C, to withdraw and transfer the
                     IDOP No.155 of 2021 pending on the file of the District
                     Court Trichy to the Family Court, Madurai.


                                   For    Petitioner       :     Mr.P.Edinbrough
                                   For Respondent          :     Mr.S.Karthick

                                                               ORDER

This Transfer Civil Miscellaneous Petition has

been filed seeking transfer of the case in IDOP.No.155

of 2021 from the District Court, Trichy to the

Family Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.566 of 2021

2.The marriage between the petitioner and

the respondent was solemnized on 16.09.2020 as per the

Christian Rites and Customs. Due to difference of

opinion, they are living separately. Now the husband

filed a petition in IDOP No.155 of 2021 before the

District Court, Trichy seeking divorce. The petitioner

claims that she is residing in Trichy District and

therefore she has filed this petition seeking transfer

of the above proceedings to Trichy on the ground that

she is depending upon her aged parents and no one is

there to accompany her to the Court and 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.

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

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.566 of 2021

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.

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

miscellaneous petition stands allowed with the

following directions:

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.566 of 2021

(i) The proceedings in IDOP.No.155 of 2021

is withdrawn from the Principal District Court,

Tiruchirappalli and transferred to the

Family Court, Madurai.

(ii) The learned Principal District Judge,

Tiruchirappalli 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 Judge, Family Court,

Madurai, 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

To

1.The Principal District Judge, Tiruchirappalli

2.The Judge, Family Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.566 of 2021

B.PUGALENDHI, J.

dsk

TR.C.M.P(MD)No.566 of 2021

03.08.2022

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