Madras High Court
M.Priyatharicini vs T.Murugeswaran on 10 August, 2022
TR.C.M.P(MD).No.347 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.347 of 2022
and
C.M.P(MD).No.5898 of 2022
M.Priyatharicini ... Petitioner
versus
T.Murugeswaran ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C to withdraw the case in H.M.O.P.No.923 of 2021 pending on the
file of the Family Court, Madurai and transfer the same to the Family
Court, Tuticorin.
For Petitioner : Mr.A.P.Athithan
For Respondent : Mr.R.Karunanidhi
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.347 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.923 of 2021 from the file of the
Family Court, Madurai, to the file of the Family Court, Tuticorin.
2. The petitioner is the wife and the respondent is the husband.
The marriage between the petitioner and the respondent was
solemnized on 23.01.2015, as per the Hindu Rites and Customs and out
of the wedlock, they are blessed with a child. Due to some
misunderstanding, now, they are living separately. Thereafter, the
respondent has filed H.M.O.P.No.923 of 2021 before the Family Court,
Madurai, for divorce. Now, the petitioner and her child are living
along with her aged parents at Tuticorin. Since the petitioner alone has
to take care of her child and her aged parents, she finds it difficult to
travel from Tuticorin to Madurai. Hence, she filed the present Transfer
Civil Miscellaneous Petition to transfer the case in H.M.O.P.No.923 of
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TR.C.M.P(MD).No.347 of 2022
2021 from the file of the Family Court, Madurai to the Family Court,
Tuticorin.
3.The learned counsel appearing for the petitioner submits that
the distance between Tuticorin and Madurai is around 152 kms. He
further submits that she alone has to take care of her child and her aged
parents and there is no one to accompany her and therefore, she finds it
difficult to travel from Tuticorin to Madurai for appearing before the
Family Court, Madurai, for each and every hearing.
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 (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
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TR.C.M.P(MD).No.347 of 2022
(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.923 of 2021
pending on the file of the Family Court, Madurai, is withdrawn and
ordered to be transferred to the file of the Family Court, Tuticorin. The
Family Court, Madurai, is directed to transmit the entire case records to
the Family Court, Tuticorin, forthwith. The learned Judge, Family
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TR.C.M.P(MD).No.347 of 2022
Court, Tuticorin, 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 Family Court,
Madurai.
2. The Family Court,
Tuticorin.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.347 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.347 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
