P.Kaleeshwari vs R.Balamurali
2022 Latest Caselaw 18120 Mad

                                                                            TR.CMP(MD)No.532 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.532 of 2022
                                                           and
                                                 C.M.P(MD)No.8246 of 2022


                     P.Kaleeshwari                                        ... Petitioner
                                                                Vs

                     R.Balamurali                                         ... Respondent

                                  Transfer      Civil   Miscellaneous    Petition     is    filed
                     under Section 24 of C.P.C, to withdraw HMOP.No.310 of
                     2022 on the file of the Subordinate Court, Poonamallee
                     and transfer the same to the Family Court, Madurai.


                                          For   Petitioner       : Ms.K.Shanmugapriya
                                          For Respondent         : Mr.C.Susikumar

                                                            ORDER

This Transfer Civil Miscellaneous Petition is

filed seeking transfer of the case in HMOP.No.310 of

2022 from Subordinate Court, Poonamallee to Family

Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.532 of 2022

2.The learned Counsel for the petitioner submits

that the marriage between the petitioner and the

respondent was solemnized on 12.09.2018. While so,

due to misunderstanding between them, the husband has

filed a petition in HMOP.No.310 of 2022 seeking divorce

before the Subordinate Court, Poonamallee. Since the

petitioner / wife is a resident of Madurai District,

she has filed this present Transfer Civil Miscellaneous

Petition to transfer the above proceedings to

Family Court, Madurai, on the ground that she is not

having sufficient means and she is depending upon her

mother and therefore, she finds it difficult to appear

before Court by travelling such a long distance.

3.The learned Counsel for the respondent opposed

this petition.

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

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.532 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.

5.Accordingly, this transfer civil miscellaneous

petition stands allowed with the following directions:

(i)The case in HMOP.No.310 of 2022 on the

file of the Subordinate Court, Poonamallee is

transferred to the Family Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.532 of 2022

(ii)The learned Sub Judge, Poonamallee 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

To

1.The Judge, Family Court, Madurai.

2.The Subordinate Judge, Poonamallee.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.532 of 2022

B.PUGALENDHI, J.

dsk

TR.CMP(MD)No.532 of 2022

09.12.2022

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