Madras High Court
M.Saranya vs M.Bagath Singh on 9 December, 2022
TR.CMP(MD)No.559 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.559 of 2022
and
CMP(MD)No.8907 of 2022
M.Saranya ... Petitioner
Vs
M.Bagath Singh ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case on the
file of the Sub Court, Thuraiyur in HMOP.No.84 of 2022
and transfer the same to the Family Court, Trichy.
For Petitioner : Mr.T.J.Ebenezer Charles
For Respondent : Mr.T.A.Punithan
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.84 of
2022 from Sub Court, Thuraiyur to Family Court, Trichy.
https://www.mhc.tn.gov.in/judis
TR.CMP(MD)No.559 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 21.06.2021. Due to
misunderstanding between them, the respondent has filed
a petition in HMOP.No.84 of 2022 before the Sub Court,
Thuraiyur seeking divorce, which is sought to be
transferred to the Family Court, Trichy by the
petitioner on the ground that she is residing in Trichy
and depending upon her father, she is having a child of
tender age and she finds it difficult to appear before
the Court at Thuraiyur.
3.The learned Counsel for the petitioner submits
that the petitioner is dependant of father and she is
not having any means to take care of herself, she is
also having a child of tender age and therefore, this
petition be allowed.
4.The learned Counsel for the respondent opposed
this petition.
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TR.CMP(MD)No.559 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.
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TR.CMP(MD)No.559 of 2022
7.Accordingly, this transfer civil miscellaneous
petition stands allowed with the following directions:
(i) The case in HMOP.No.84 of 2022 on the
file of the Sub Court, Thuraiyur is transferred
to the Family Court, Trichy.
(ii) The learned Sub Judge, Thuraiyur 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 it as
expeditiously as possible. No costs.
Consequently, connected miscellaneous petition
stands closed.
09.12.2022
dsk
To
1.The Judge,
Family Court,
Trichy.
2.The Sub Judge,
Thuraiyur.
https://www.mhc.tn.gov.in/judis
TR.CMP(MD)No.559 of 2022
B.PUGALENDHI, J.
dsk
TR.CMP(MD)No.559 of 2022
09.12.2022
https://www.mhc.tn.gov.in/judis
