S.Subbulakshmi vs R.Ramachandran
2022 Latest Caselaw 18104 Mad

                                                                                TR.CMP(MD)No.623 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.623 of 2022
                                                          and
                                                CMP(MD)No.10014 of 2022

                     S.Subbulakshmi                                        ... Petitioner
                                                                Vs

                     R.Ramachandran                                        ... Respondent

                                  Transfer     Civil    Miscellaneous      Petition       is    filed
                     under Section 24 of C.P.C, to withdraw and transfer the
                     HOMP.No.897 of 2022 from the file of the Family Court,
                     Madurai to the Family Court, Srivilliputhur.


                                         For   Petitioner        : Mr.M.Thirunavukkarasu
                                         For Respondent          : Mr.M.Gurusamy


                                                            ORDER

This Transfer Civil Miscellaneous Petition is

filed seeking transfer of the case in HMOP.No.897 of

2022 from Family Court, Madurai to Family Court,

Srivilliputhur.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.623 of 2022

2.The marriage between the petitioner and the

respondent was solemnized on 19.02.2016.

Now the respondent has filed a petition in HMOP.No.897

of 2022 before the Family Court, Madurai, seeking

restitution of conjugal rights, which is sought to be

transferred to the Family Court, Srivilliputhur by the

petitioner on the ground that she is residing in

Srivilliputhur, the distance between Srivilliputhur and

Madurai is around 80 KMs and no one is there to

accompany her to the Court at Madurai.

3.The learned Counsel for the petitioner submits

that the petitioner is residing along with her parents

at Srivilliputhur and therefore, she finds it difficult

to appear before the Court at Madurai as no one is

there to accompany her.

4.The learned Counsel for the respondent opposed

this petition.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.623 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.623 of 2022

7.Accordingly, this transfer civil miscellaneous

petition stands allowed with the following directions:

(i) The case in HMOP.No.897 of 2022 on the

file of the Family Court, Madurai is

transferred to the Family Court,

Srivilliputhur.

(ii) The learned Judge, Family Court,

Madurai 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,

Srivilliputhur, 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 To

1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Srivilliputhur.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.623 of 2022

B.PUGALENDHI, J.

dsk

TR.CMP(MD)No.623 of 2022

09.12.2022

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