Madras High Court
Rekha vs Vijay Anand on 2 December, 2022
Tr.C.M.P(MD)No.161 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.161 of 2022
and
C.M.P(MD) No.3016 of 2022
Rekha ... Petitioner
-Vs-
Vijay Anand ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw the H.M.O.P.No.149 of 2019 on the file of
the learned Subordinate Court, Sivakasi, Virudhunagar District filed
by the respondent herein and the same may be transferred to the
Court of the learned Family Court, Perambalur.
For Petitioner : Mr.K.M.Karunakaran
For Respondent : Mr.M.Solaisamy
1/7
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Tr.C.M.P(MD)No.161 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been
filed seeking transfer of the proceedings in H.M.O.P.No.149 of 2019
from the file of the Subordinate Court, Sivakasi, Virudhunagar
District to the Family Court, Perambalur.
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent
was solemnized on 20.08.2017, as per the Hindu Rites and Customs.
Subsequently, due to some difference of opinion, the respondent
filed H.M.O.P.No.149 of 2019, seeking divorce, before the
Subordinate Court, Sivakasi, Virudhunagar District. Since the
petitioner/wife is a resident of perambalur, she filed this present
Transfer Civil Miscellaneous Petition to transfer the proceedings in
H.M.O.P.No.149 of 2019 from the file of the Subordinate Court,
Sivakasi, Virudhunagar District, to the Family Court, Perambalur.
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Tr.C.M.P(MD)No.161 of 2022
3.The learned counsel appearing for the petitioner
submits that the distance between Perambalur and Virudhunagar is
around 540 kms and the petitioner is finding it very difficult to
travel such a long distance with her three years girl baby to appear
before the Subordinate Court, Sivakasi, Virudhunagar District and
also there is no one to accompany her.
4. Heard Mr.M.Solaisamy, learned counsel for the
respondent.
5.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 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.
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Tr.C.M.P(MD)No.161 of 2022
6.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.
7.Though the relief is sought for in this petition to transfer
H.M.O.P.No.149 of 2019 from the file of the Subordinate Court,
Sivakasi, Virudhunagar District to the file of Family Court,
Perambalur, this Court is inclined to transfer H.M.O.P.No.149 of
2019 from the file of the Subordinate Court, Sivakasi, Virudhunagar
District, to the file of the Sub Court, Perambalur.
8.Accordingly, this transfer civil miscellaneous petition stands
allowed with the following directions:
“(i)The proceedings in H.M.O.P.No.149
of 2019 on the file of the Subordinate Court,
Sivakasi, Virudhunaar District, is withdrawn
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Tr.C.M.P(MD)No.161 of 2022
and ordered to be transferred to the file of the
Sub Court, Perambalur;
(ii)The learned Subordinate Judge,
Sivakasi, Virudhunagar District, is directed to
transmit the entire case records to the
Subordinate Court, Perambalur, forthwith and
the learned Judge, Subordinate Court Court,
Perambalur, who in turn shall dispose of the
same as expeditiously as possible. “
No costs. Consequently, connected miscellaneous petition is closed.
02.12.2022
Index : Yes/No
Internet : Yes/No
tta
To
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.161 of 2022
1.Subordinate Court, Sivakasi, Virudhunagar District.
2. Subordinate Court Court, Perambalur,
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
B.PUGALENDHI, J.
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Tr.C.M.P(MD)No.161 of 2022
tta
Order made in
Tr.C.M.P(MD)No.161 of 2022
02.12.2022
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