Madras High Court
R.Anitha Shri vs Ramamoorthy on 6 July, 2022
TR.C.M.P(MD).No.604 of 2021
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.604 of 2021
C.M.P(MD).No.10921 of 2021
R.Anitha Shri ... Petitioner
versus
Ramamoorthy ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of
C.P.C, to withdraw the case in H.M.O.P.No.146 of 2020 on the file of the
III Additional Sub Court, Madurai and transfer the same to the Family
Court, Coimbatore to be tried along with M.C.No.127 of 2021.
For Petitioner : Mr.P.Rajesh
For Respondent : Mr.A.Haja Mohideen
1/6
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TR.C.M.P(MD).No.604 of 2021
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the proceedings in H.M.O.P.No.146 of 2020 from the file of the
III Additional Sub Court, Madurai to the Family Court, Coimbatore.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
08.10.2017, as per the Hindu Rites and Customs. Subsequently, due to some
difference of opinion, the respondent herein/husband filed H.M.O.P.No.146
of 2020 before the III Additional Sub Court, Madurai, seeking divorce.
Since the petitioner/wife is a resident of Coimbatore, she filed this present
Transfer Civil Miscellaneous Petition to transfer the proceedings in
H.M.O.P.No.146 of 2020 from the file of the III Additional Sub Court,
Madurai to the Family Court, Coimbatore.
3.The learned counsel appearing for the petitioner submits that the
distance between Coimbatore and Madurai is around 209 kms and it is very
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TR.C.M.P(MD).No.604 of 2021
difficult for the petitioner to travel such a long distance for appearing before
the III Additional Sub Court, Madurai, for each and every hearing.
4 Heard Mr.A.Haja Mohideen, learned counsel appearing for
the respondent. .
5.The Hon'ble Apex Court in the case of Amitha Shah vs-
Virendar Lal Shah, reported in (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
inconvenience 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
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TR.C.M.P(MD).No.604 of 2021
considering transfer petitions as held by the Hon'ble Supreme Court in the
judgments cited supra, is inclined to allow the present petition.
7. In the light of the above, this transfer civil miscellaneous petition
stands allowed. The proceedings in H.M.O.P.No.146 of 2020 on the file of
the III Additional Sub Court, Madurai is withdrawn and ordered to be
transferred to the file of the Family Court, Coimbatore. The learned Judge,
III Additional Sub Court, Madurai, is directed to transmit the entire case
records to the Family Court, Coimbatore forthwith and the learned Judge,
Family Court, Coimbatore, who in turn, on receipt of the case, shall try it
along with M.C.No.127 of 2021 and shall dispose of the same as
expeditiously as possible. No costs. Consequently, connected miscellaneous
petition is closed.
06.07.2022
ssb
Index : Yes / No
Internet: Yes / No
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TR.C.M.P(MD).No.604 of 2021
To
1.III Additional Sub Court, Madurai
2. Family Court, Coimbatore.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.604 of 2021
B.PUGALENDHI, J.
ssb
TR.C.M.P(MD).No.604 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
