Madras High Court
A.Shanmugapriya vs M.Arunkumar on 17 August, 2022
TR.C.M.P(MD)No.105 of 2022
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.105 of 2022
and
C.M.P(MD)No.2206 of 2022
A.Shanmugapriya ... Petitioner
Vs
M.Arunkumar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the MC.No.12 of
2021 on the file of the Family Judge, Karur and
transfer the same to the Family Judge, Trichy.
For Petitioner : Mr.VR.Shanmuganathan
For Respondent : Mr.S.Gokulraj
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking transfer of the case in MC.No.12 of
2021 from the Family Court, Karur to the Family Court,
Trichy.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.105 of 2022
2.The marriage between the petitioner and
the respondent was solemnized on 01.07.2018, as per the
Hindu Rites and Customs. Now the husband filed a
petition seeking divorce in HMOP.No.117 of 2020 before
the Family Court, Karur and the petitioner has also
filed MC.No.12 of 2021 seeking maintenance before the
same Court. Since the petitioner / wife is a resident
of Trichy District, she has filed this present Transfer
Civil Miscellaneous Petition to transfer the above
proceedings to the Family Court, Trichy on the ground
that she is depending on her age old parents, she is
having a 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
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.105 of 2022
(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.
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:
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.105 of 2022
(i)The proceedings in MC.No.12 of 2021 is
withdrawn from the Family Court, Karur, and
transferred to the Family Court, Trichy.
(ii)The learned Judge, Family Court, Karur
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 Judge, Family Court, Trichy, 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 Judge,
Family Court,
Karur.
2. The Judge,
Family Court,
Trichy.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.105 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.105 of 2022
17.08.2022
https://www.mhc.tn.gov.in/judis
