Madras High Court
V.Mughiel vs Unknown on 10 August, 2022
TR.C.M.P(MD).No.256 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.256 of 2022
and
C.M.P(MD).No.4372 of 2022
V.Mughiel ... Petitioner
v.
N.Nagaraj ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24
of C.P.C to withdraw the case in H.M.O.P.No.91 of 2022 on the file of
the Sub Court, Uthamapalayam and transfer the same to the Family
Court, Madurai and to be tried jointly with the case in H.M.O.P.No.6 of
2022.
For Petitioner : Mr.J.Barathan
For Respondent : Mr.G.Solairaja
1/6
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TR.C.M.P(MD).No.256 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.91 of 2022 from the file of the Sub
Court, Uthamapalayam to the file of the Family Court, Madurai and to
be tried jointly with the case in H.M.O.P.No.6 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 10.02.2008 and out of the wedlock, they were blessed
with a girl baby. Due to some misunderstanding, now, they are living
separately and the petitioner has filed H.M.O.P.No.6 of 2022 before the
Family Court, Madurai, seeking divorce. The respondent, thereafter,
has filed H.M.O.P.No.91 of 2022 before the Sub Court,
Uthamapalayam, for restitution of conjugal rights. The petitioner and
her child are residing at Madurai. 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 Madurai to Uthamapalayam. Therefore,
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TR.C.M.P(MD).No.256 of 2022
she filed the present Transfer Civil Miscellaneous Petition to transfer
the case in H.M.O.P.No.91 of 2022 from the file of the Sub Court,
Uthamapalayam, to the file of the Family Court, Madurai and also for
trying the same along with the divorce case filed by her.
3. The learned counsel appearing for the petitioner submits that
after the filing of divorce petition by the petitioner before the Family
Court, Madurai, the respondent, in order to harass her, has filed the
petition for restitution of conjugal rights before the Sub Court,
Uthamapalayam. The respondent is not even providing any
maintenance to the petitioner. The distance between Madurai and
Uthamapalayam is around 125 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 Sub Court,
Uthamapalayam, for each and every hearing.
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TR.C.M.P(MD).No.256 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 petition for
restitution of conjugal rights was filed after the filing of the divorce
petition and also taking into account that the convenience of wife is to
be taken into consideration at the time of considering transfer petitions
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TR.C.M.P(MD).No.256 of 2022
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.91 of 2022
pending on the file of the Sub Court, Uthamapalayam, is withdrawn
and ordered to be transferred to the file of the Family Court, Madurai.
The Sub Court, Uthamapalayam, is directed to transmit the entire case
records to the Family Court, Madurai, forthwith. The learned Judge,
Family Court, Madurai, shall try the case along with H.M.O.P.No.6 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.256 of 2022
B.PUGALENDHI, J.
gk
To
1. The Family Court,
Madurai.
2. The Sub Court,
Uthamapalayam.
TR.C.M.P(MD).No.256 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
