Madras High Court
V.Shanmugapriya vs B.Subash Krishnan on 10 August, 2022
TR.C.M.P(MD).No.332 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.332 of 2022
and
C.M.P(MD).No.5567 of 2022
V.Shanmugapriya ... Petitioner
versus
B.Subash Krishnan ... 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.754 of 2022 pending
on the file of the Additional Family Court at Coimbatore and transfer
the same to the Family Court, Madurai for trial.
For Petitioner : Mr.A.K.Azagarsami
For Respondent : Mr.M.Kannan
1/6
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TR.C.M.P(MD).No.332 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.754 of 2022 from the file of the
Additional Family Court at Coimbatore, to the file of the Family Court,
Madurai.
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 23.05.2013, as per the Hindu Rites and Customs
and out of the wedlock, they are blessed with two children. Due to
some misunderstanding, now, they are living separately. Thereafter,
the respondent has filed H.M.O.P.No.754 of 2022 before the
Additional Family Court, Coimbatore, for divorce. Now, the petitioner
and her child are living along with her old-aged parents at Madurai.
Since the petitioner alone has to take care of her children and her old-
aged parents, she finds it difficult to travel from Madurai to
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TR.C.M.P(MD).No.332 of 2022
Coimbatore. Hence, she filed the present Transfer Civil Miscellaneous
Petition to transfer the case in H.M.O.P.No.754 of 2022 from the file of
the Additional Family Court, Coimbatore, to the file of the Family
Court, Madurai.
3.The learned counsel appearing for the petitioner submits that
the distance between Madurai and Coimbatore is around 216 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 children and her aged
parents and there is no one to accompany her, she finds it difficult to
travel from Madurai 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.332 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.332 of 2022
7. In the light of the above, the Transfer Civil Miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.754 of 2022
pending on the file of the Additional Family Court, Coimbatore, is
withdrawn and ordered to be transferred to the file of the Family Court,
Madurai. The Additional Family Court, Coimbatore, is directed to
transmit the entire case records to the Family Court, Madurai,
forthwith. The learned Judge, Family Court, Madurai, 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 Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.332 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.332 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
