Madras High Court
Seethalakshmi vs Virendar on 10 August, 2022
TR.C.M.P(MD).No.299 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.299 of 2022
and
C.M.P(MD).No.4941 of 2022
Seethalakshmi ... Petitioner
v.
Palanivel ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of
C.P.C to withdraw the case in H.M.O.P.No.230 of 2021 on the file of the
Principal Sub Court, Pudukottai and transfer the same to the Sub Court,
Devakottai.
For Petitioner : No appearance
For Respondent : Mr.K.C.Maniyarasu
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.299 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.230 of 2021 from the file of the Principal
Sub Court, Pudukottai to the file of the Sub Court, Devakottai.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
15.04.2013 and due to the wedlock, they were blessed with a baby boy. Due
to some misunderstanding, now, they are living separately and the petitioner
has lodged a complaint and also filed a petition under the Domestic Violence
Act. Thereafter, the respondent has filed H.M.O.P.No.230 of 2021 before the
Principal Sub Court, Pudukottai, seeking restitution of conjugal rights. The
petitioner is residing at Sivagangai in her parental house. 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 Sivagangai to Pudukottai. Therefore, she
filed the present Transfer Civil Miscellaneous Petition to transfer the case in
H.M.O.P.No.230 of 2021 from the file of the Principal Sub Court, Pudukottai,
to the file of the Sub Court, Devakottai.
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TR.C.M.P(MD).No.299 of 2022
3. There is no appearance for the petitioner.
4. The learned counsel appearing for the respondent submits that he is
not having any serious objection in allowing this application.
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 no objection showed by the respondent
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
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TR.C.M.P(MD).No.299 of 2022
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.230 of 2021 pending on the
file of the Principal Sub Court, Pudukottai, is withdrawn and ordered to be
transferred to the file of the Sub Court, Devakottai. The learned Judge,
Principal Sub Court, Pudukottai, is directed to transmit the entire case records
to the Sub Court, Devakottai, forthwith. The learned Judge, Sub Court,
Devakottai, shall 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.299 of 2022
To
1. The Principal Sub Court,
Pudukottai.
2. The Sub Court,
Devakottai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.299 of 2022
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).No.299 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
