Saranya vs Unknown
2022 Latest Caselaw 14252 Mad

                                                                            TR.C.M.P(MD).No.621 of 2021




                         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.621 of 2021
                                                        and
                                              C.M.P(MD).No.11172 of 2021

                     Saranya                                                 ... Petitioner

                                                             v.

                     A.Arumuga Balaji                                         ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24
                     of C.P.C to withdraw the case in H.M.O.P.No.933 of 2021 on the file
                     of the Family Court, Madurai and transfer the same to the Family
                     Court, Coimbatore.
                                        For Petitioner        : Mr.R.Murugaraj
                                        For Respondent        : Mr.J.Bharathan




                     1/6



https://www.mhc.tn.gov.in/judis
                                                                             TR.C.M.P(MD).No.621 of 2021


                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the case in H.M.O.P.No.933 of 2021 from the file of the

Family Court, Madurai to the file of the Family Court, Coimbatore.

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

The marriage between the petitioner and the respondent was

solemnized on 18.07.2012 and out of the wedlock, they were blessed

with two children. Due to some misunderstanding, now, they are living

separately and the petitioner has send a legal notice to the respondent

for mutual divorce. Thereafter, the respondent has filed H.M.O.P.No.

933 of 2021 before the Family Court, Madurai, for restitution of

conjugal rights. The petitioner and her children are residing at

Coimbatore. One of the child is a special child. 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 Coimbatore to Madurai.

Therefore, she filed the present Transfer Civil Miscellaneous Petition

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.621 of 2021

to transfer the case in H.M.O.P.No.933 of 2021 from the file of the

Family Court, Madurai, to the file of the Family Court, Coimbatore.

3. The learned counsel appearing for the petitioner submits that

the daughter of the petitioner is suffering with Autism, for which,

treatment is being provided at Coimbatore and at Bangalore. The

respondent is not even providing any maintenance. The distance

between Coimbatore and Madurai is around 220 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, 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 in (2003)10 SCC 609 has held that the

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.621 of 2021

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

taking care of her special child and also taking into account that the

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

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.933 of 2021

pending on the file of the Family Court, Madurai, is withdrawn and

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.621 of 2021

ordered to be transferred to the file of the Family Court, Coimbatore.

The Family Court, Madurai, is directed to transmit the entire case

records to the Family Court, Coimbatore, forthwith. The learned Judge,

Family Court, Coimbatore, 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 gk

To

1. The Family Court, Madurai.

2. The Family Court, Coimbatore.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.621 of 2021

B.PUGALENDHI, J.

gk

TR.C.M.P(MD).No.621 of 2021

10.08.2022

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