Madras High Court
Nandhini Devi vs C.Rakkappan @ Premkumar on 17 August, 2022
TR.C.M.P(MD)No.381 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.381 of 2021
and
C.M.P(MD)No.7596 of 2021
Nandhini Devi ... Petitioner
Vs
C.Rakkappan @ Premkumar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the proceedings
in HMOP.No.133 of 2021 on the file of the Sub Court,
Devakottai and transfer the same to the Sub Court,
Paramakudi.
For Petitioner : Mr.V.Kannan
For Respondent : Mr.R.Sundar Srinivasan
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking transfer of the case in HMOP No.133
of 2021 from Sub Court, Devakottai to Sub Court,
Paramakudi.
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TR.C.M.P(MD)No.381 of 2021
2.The marriage between the petitioner and the
respondent was solemnized on 04.07.2019, as per the
Hindu Rites and Customs. Now the husband filed a
petition seeking divorce in HMOP.No.133 of 2021 before
the Sub Court, Devakottai. Since the petitioner /
wife is a resident of Ramanathapuram District, she has
filed this present Transfer Civil Miscellaneous
Petition to transfer the above proceedings to
Sub Court, Paramakudi on the ground that she is
depending on her age old parents, she is having a
female child of tender age and since no one is there
to accompany her, she finds it difficult to appear
before Court by travelling such a long distance.
3.The learned Counsel for the respondent has
raised his objection to the relief sought for by the
petitioner.
4.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
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TR.C.M.P(MD)No.381 of 2021
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.
5.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.
6.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
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TR.C.M.P(MD)No.381 of 2021
(i)The proceedings in HMOP.No.133 of 2021
is withdrawn from the Sub Court, Devakottai and
transferred to the Sub Court, Paramakudi.
(ii)The learned Sub Judge, Devakottai is
directed to send the above case records within
a period of fifteen days from the date of
receipt of a copy of this order to the learned
Sub Judge, Paramakudi, who in turn, on receipt
of the case, shall dispose of the same as
expeditiously as possible. No costs.
Consequently, connected miscellaneous petition
stands closed.
17.08.2022
Index: Yes/No
dsk
To
1. The Sub Judge,
Devakottai.
2. The Sub Judge,
Paramakudi.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.381 of 2021
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.381 of 2021
17.08.2022
https://www.mhc.tn.gov.in/judis
