Madras High Court
V.Baghyalakshmi @ Gayathri vs Unknown on 10 August, 2022
TR.C.M.P(MD).No.131 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.131 of 2022
and
C.M.P(MD).No.2504 of 2022
V.Baghyalakshmi @ Gayathri ... Petitioner
v.
V.J.Vinothkumar ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24
of C.P.C to withdraw the case in H.M.O.P.No.93 of 2022 on the file of
the Family Court, Salem and transfer the same to the Family Court,
Madurai.
For Petitioner : Mr.K.Pandiarajan
For Respondent : Mr.P.Pandi Rani
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.131 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.93 of 2022 from the file of the
Family Court, Salem to the file of the Family Court, Madurai.
2. The petitioner is the wife and the respondent is the husband.
The marriage between the petitioner and the respondent was
solemnized on 06.12.2019. Due to some misunderstanding, now, they
are living separately and the respondent has filed H.M.O.P.No.93 of
2022 before the Family Court, Salem, seeking divorce. The petitioner is
residing at Madurai 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 Madurai to Salem. Therefore, she
filed the present Transfer Civil Miscellaneous Petition to transfer the
case in H.M.O.P.No.93 of 2022 from the file of the Family Court,
Salem, to the file of the Family Court, Madurai.
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TR.C.M.P(MD).No.131 of 2022
3. The learned counsel appearing for the petitioner submits that
the respondent is not even providing any maintenance to the petitioner.
The distance between Madurai and Salem is around 250 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, Salem, 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
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
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TR.C.M.P(MD).No.131 of 2022
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 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.93 of 2022
pending on the file of the Family Court, Salem, is withdrawn and
ordered to be transferred to the file of the Family Court, Madurai. The
learned Judge, Family Court, Salem, is directed to transmit the entire
case records to the Family Court, Madurai, forthwith. The learned
Judge, Family Court, Madurai, shall dispose of the same as
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TR.C.M.P(MD).No.131 of 2022
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,
Salem.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.131 of 2022
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).No.131 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
