Shyamala vs Karumanikandan
2022 Latest Caselaw 18102 Mad

                                                                             TR.CMP(MD)No.661 of 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 09.12.2022

                                                          CORAM:

                                         THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                               TR.CMP(MD)No.661 of 2022
                                                          and
                                                CMP(MD)No.10557 of 2022

                     Shyamala                                            ... Petitioner
                                                               Vs

                     Karumanikandan                                      ... Respondent

                                  Transfer    Civil    Miscellaneous    Petition       is    filed
                     under Section 24 of C.P.C, to withdraw HMOP.No.1 of
                     2020          pending    before    the    Subordinate   Judge,     Pazhani,
                     Camp Court at Kodaikanal and to transfer the same to
                     the file of the Family Court, Madurai.
                                   For    Petitioner     : Mr.V.A.Dhana Aravindha Balaji
                                   For Respondent        : Mr.I.Sam Jeyam


                                                              ORDER

This Transfer Civil Miscellaneous Petition is

filed seeking transfer of the case in HMOP.No.1 of 2020

from Sub Court, Pazhani, Camp Court at Kodaikanal to

Family Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.661 of 2022

2.The marriage between the petitioner and the

respondent was solemnized on 08.06.2014. Due to

misunderstanding between them, the respondent has filed

a petition in HMOP.No.1 of 2020 before the learned Sub

Judge, Pazhani, Camp Court at Kodaikanal seeking

divorce, which is sought to be transferred to the

Family Court, Madurai by the petitioner on the ground

that she is residing in Madurai along with her aged

mother, she is having a child of tender age and she

finds it difficult to appear before the Court at

Kodaikanal.

3.The learned Counsel for the petitioner submits

that the petitioner is dependant of her aged mother,

she is having a child of five years old and the

respondent has filed the above petition only to harass

the petitioner.

4.The learned Counsel for the respondent opposed

this petition.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.661 of 2022

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.

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.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.661 of 2022

7.Accordingly, this transfer civil miscellaneous

petition stands allowed with the following directions:

(i) The case in HMOP.No.1 of 2020 on the

file of the Sub Judge, Pazhani, Camp Court at

Kodaikanal is transferred to the Family Court,

Madurai.

(ii)The learned Sub Judge, Pazhani, Camp

Court at Kodaikanal 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,

Madurai, who in turn, on receipt of the case,

shall dispose of it as expeditiously as

possible. No costs. Consequently, connected

miscellaneous petition stands closed.

09.12.2022

dsk

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.661 of 2022

To

1.The Judge, Family Court, Madurai.

2.The Sub Judge, Pazhani.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.661 of 2022

B.PUGALENDHI, J.

dsk

TR.CMP(MD)No.661 of 2022

09.12.2022

https://www.mhc.tn.gov.in/judis