S.R.Sakthi @ Keerthika vs Unknown
2022 Latest Caselaw 14183 Mad

                                                                            TR.C.M.P(MD).No.265 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.265 of 2022
                                                         and
                                               C.M.P(MD).No.4529 of 2022

                     S.R.Sakthi @ Keerthika                                  ... Petitioner

                                                             v.

                     Shanmuga Rajeshwaran                                     ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24
                     of C.P.C to withdraw the case in H.M.O.P.No.25 of 2022 on the file of
                     the Family Court, Ramanathapuram and transfer the same to the Family
                     Court, Tiruchirappalli and to be tried jointly with the Maintenance Case
                     in M.C.No.36 of 2022.
                                        For Petitioner        : Mr.J.Barathan
                                        For Respondent        : Mr.P.Muthusamy



                     1/6



https://www.mhc.tn.gov.in/judis
                                                                             TR.C.M.P(MD).No.265 of 2022


                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the case in H.M.O.P.No.25 of 2022 from the file of the

Family Court, Ramanathapuram to the file of the Family Court,

Tiruchirappalli and to be tried jointly with the maintenance case in

M.C.No.36 of 2022.

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

The marriage between the petitioner and the respondent was

solemnized on 14.11.2018 and out of the wedlock, they were blessed

with two children, aged about 2.5 years and 4 months, respectively.

Due to some misunderstanding, now, they are living separately and the

petitioner has lodged a police complaint for return of jewels. The

respondent, in the meantime, has filed H.M.O.P.No.25 of 2022 before

the Family Court, Ramanathapuram, for restitution of conjugal rights.

The petitioner and her children are residing at Tiruchirappalli and they

have also filed a maintenance case in M.C.No.36 of 2022 before the

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.265 of 2022

Family Court, Tiruchirappalli. The younger child is four months old.

Since the petitioner is not having sufficient means to travel and meet

out her day-to-day expenses, she finds it difficult to travel from

Tiruchirappalli to Ramanathapuram. Therefore, she filed the present

Transfer Civil Miscellaneous Petition to transfer the case in

H.M.O.P.No.25 of 2022 from the file of the Family Court,

Ramanathapuram, to the file of the Family Court, Tiruchirappalli and

also for trying the same along with the maintenance case filed by her.

3. The learned counsel appearing for the petitioner submits that

the petitioner is having a breast-feeding baby. The respondent is not

even providing any maintenance. The distance between Tiruchirappalli

and Ramanathapuram is around 190 kms. He further submits that the

petitioner is not having sufficient means to travel and meet out her day-

to-day expenses and there is no one to accompany her. Therefore, she

finds it difficult to travel and appear before the Family Court,

Ramanathapuram, for each and every hearing.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.265 of 2022

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 in (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. 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, the fact that the petitioner is

having a breast-feeding baby and also taking into account that the

convenience of wife is to be taken into consideration at the time of

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.265 of 2022

considering transfer petitions as held by the Hon'ble Apex Court in the

judgments cited supra, is inclined to allow the present petition.

7. In the light of the above, this transfer civil miscellaneous

petition stands allowed. The proceedings in H.M.O.P.No.25 of 2022

pending on the file of the Family Court, Ramanathapuram, is

withdrawn and ordered to be transferred to the file of the Family Court,

Tiruchirappalli. The Family Court, Ramanathapuram, is directed to

transmit the entire case records to the Family Court, Tiruchirappalli,

forthwith. The learned Judge, Family Court, Tiruchirappalli, shall try

the case along with M.C.No.36 of 2022 and dispose of the same as

expeditiously as possible. No costs. Consequently, connected

miscellaneous petition is closed.

10.08.2022

Index : Yes / No Internet: Yes / No gk

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.265 of 2022

B.PUGALENDHI, J.

gk To

1. The Family Court, Ramanathapuram.

2. The Family Court, Tiruchirappalli.

TR.C.M.P(MD).No.265 of 2022

10.08.2022

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