Madras High Court
Kalaivani vs Praveen Kumar on 6 July, 2022
TR.C.M.P(MD)No.155 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.155 of 2022
and
C.M.P(MD).No.413 of 2022
Kalaivani ... Petitioner
Vs
Praveen Kumar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
H.M.O.P.No.48 of 2021 on the file of the III Additional
Sub Court, Madurai and to transfer the same to the file
of the Family Court, Tiruchirappalli.
For Petitioner : Mr.P.Arun Jeyaram
For Respondent : Mr.M.Rajendran
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking to transfer the proceedings in
HMOP.No.48 of 2021 from the file of the III Additional
Sub Court, Madurai to the Family Court,
Tiruchirappalli.
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TR.C.M.P(MD)No.155 of 2022
2.The petitioner is the wife and the respondent is
the husband. The marriage between the petitioner and
the respondent was solemnized on 09.11.2014, as per the
Hindu Rites and Customs. Subsequently, due to some
difference of opinion, the husband filed HMOPNo.48 of
2021 before the III Additional Sub Court, Madurai
seeking divorce. Since the petitioner/wife is a
resident of Trichy, she filed this present Transfer
Civil Miscellaneous Petition to transfer the
proceedings in HMOPNo.48 of 2021 from the file of the
III Additional Sub Court, Madurai to the Family Court,
Tiruchirappalli.
3.The learned counsel appearing for the petitioner
submits that the marriage between the petitioner and
the respondent took place in Chennai, where they lived
for some time. Thereafter since the respondent got
transferred to Trichy, they lived at Trichy.
The petitioner is now residing in Trichy.
While so, the husband has filed this petition before
III Additional Sub Court, Madurai, which has no
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TR.C.M.P(MD)No.155 of 2022
territorial jurisdiction, since neither the marriage
had taken place in Madurai nor had they lived in
Madurai. Further the distance between Trichy and
Madurai is around 125 kms and she is also having a six
a year old female child, it is very difficult for the
petitioner to travel such a long distance for appearing
before the Court in Madurai.
4.The learned Counsel for the respondent submits
that the respondent husband is now working in Madurai.
Further there is life threat to the respondent in
Trichy. On the earlier occasion, the husband was
assaulted by the family members of the wife.
5.This Court, being satisfied with the reasons
stated in the affidavit filed in support of this
petition and also taking into consideration that it is
well settled law that convenience of wife is to be
taken into consideration at the time of considering
transfer applications as held by the Hon'ble Supreme
Court in the judgment reported in 2008(9)SCC 353 (Arti
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TR.C.M.P(MD)No.155 of 2022
Rani @ Pinki Devi and another Vs. Dharmendra Kumar
Gupta), is inclined to allow the present petition.
6.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings
in HMOPNo.48 of 2021 on the file of the III Additional
Sub Court, Madurai is withdrawn and ordered to be
transferred to the file of the Family Court,
Tiruchirappalli. The learned III Additional Sub Judge,
Madurai is directed to forthwith transmit the entire
case records to the learned Judge, Family Court,
Tiruchirappalli, who in turn shall dispose of the same
as expeditiously as possible.
7.It is always open to the respondent to approach
the police station concerned, if he faces any problem
from the petitioner side. No costs. Consequently,
connected miscellaneous petition is closed.
06.07.2022
dsk
Internet: Yes / No
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.155 of 2022
To
1. III Additional Sub Judge,
Madurai.
2. The Judge,
Family Court,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.155 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.155 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
