Madras High Court
M.Chitra Devi vs G.Parthiban on 10 August, 2022
TR.C.M.P(MD).No.319 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.319 of 2022
and
C.M.P(MD).No.5377 of 2022
M.Chitra Devi ... Petitioner
versus
G.Parthiban ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 r/w.
151 C.P.C. to withdraw the case in H.M.O.P.No.1262 of 2020 from the
file of the Additional Family Court, Coimbatore and transfer the same
to the Principal Sub Court, Palani.
For Petitioner : Mr.S.R.Sureshkumar
For Respondent : Mr.S.Chellapandian
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.319 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.1262 of 2020 from the file of the
Additional Family Court, Coimbatore, to the file of the Principal Sub
Court, Palani.
2. The petitioner herein is the wife and the respondent herein is
the husband. The marriage between the petitioner and the respondent
was solemnized on 22.10.2015, 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.1262 of 2020 before the
Additional Family Court, Coimbatore, for divorce. On knowing the
same, the petitioner has also filed H.M.O.P.No.77 of 2021 before the
Principal Sub Court, Palani for restitution of conjugal rights. Now, the
petitioner and her child are living along with her old-aged parents at
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TR.C.M.P(MD).No.319 of 2022
Palani. Since the petitioner alone has to take care of her child and her
old-aged parents, she finds it difficult to travel from Palani to
Coimbatore. Hence, she filed the present Transfer Civil Miscellaneous
Petition to transfer the case in H.M.O.P.No.1262 of 2020 from the file
of the Additional Family Court, Coimbatore, to the file of the Principal
Sub Court, Palani.
3. The learned counsel appearing for the petitioner submits that
the distance between Palani and Coimbatore is around 108 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 she alone has to take care of her child and her aged
parents and there is no one to accompany her, she finds it difficult to
travel from Palani to Coimbatore for appearing before the Additional
Family Court, Coimbatore, for each and every hearing.
4. Heard the learned counsel appearing for the respondent.
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TR.C.M.P(MD).No.319 of 2022
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
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.
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TR.C.M.P(MD).No.319 of 2022
7. In the light of the above, the Transfer Civil Miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.1262 of 2022
pending on the file of the Additional Family Court, Coimbatore, is
withdrawn and ordered to be transferred to the file of the Principal Sub-
Court, Palani. The Additional Family Court, Coimbatore, is directed to
transmit the entire case records to the Principal Sub Court, Palani,
forthwith. The learned Judge, Principal Sub Court, Palani, shall dispose
of the case as expeditiously as possible. No costs. Consequently,
connected miscellaneous petition is closed.
10.08.2022
Index : Yes / No
Internet: Yes / No
ogy
To
1. The Additional Family Court,
Coimbatore.
2. The Principal Sub- Court,
Palani.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.319 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.319 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
