Madras High Court
Sumathi vs Venkatesh on 17 August, 2022
TR.C.M.P(MD)No.324 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.324 of 2022
and
C.M.P(MD)No.5506 of 2022
Sumathi ... Petitioner
Vs
Venkatesh ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the proceedings
in HMOP.No.69 of 2022 on the file of the Sub Court,
Dindigul and transfer the same to the file of the Sub
Court, Kumbakonam.
For Petitioner : Mr.R.Subramanian
For Respondent : Mr.J.Lawrance
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking transfer of the case in HMOP No.69
of 2022 from Sub Court, Dindigul to the
the Sub Court, Kumbakonam.
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TR.C.M.P(MD)No.324 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 18.01.2013, as per the
Hindu Rites and Customs. Now the husband filed a
petition seeking divorce in HMOP.No.69 of 2022 before
the Sub Court, Dindigul. Since the petitioner / wife is
a resident of Thanjavur district, she has filed this
present Transfer Civil Miscellaneous Petition to
transfer the above proceedings to Sub Court, Kumbakonam
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 at Dindigul, which is
200Kms from Kumbakonam.
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.324 of 2022
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.324 of 2022
(i)The proceedings in HMOP.No.69 of 2022 is
withdrawn from the Sub Court, Dindigul and
transferred to the Sub Court, Kumbakonam.
(ii)The learned Sub Judge, Dindigul 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, Kumbakonam, 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,
Dindigul.
2. The Sub Judge,
Kumbakonam.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.324 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.324 of 2022
17.08.2022
https://www.mhc.tn.gov.in/judis
