Madras High Court
Nandhini vs Suresh Kumar on 6 July, 2022
TR.C.M.P(MD).No.135 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.135 of 2022
C.M.P(MD).No.2628 of 2022
Nandhini ... Petitioner
versus
Suresh 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.19 of 2022 on the file of the
Family Court, Dindigul and transfer the same to the Family Court, Theni.
For Petitioner : Mr.N.A.Palaniyandi
For Respondent : Mr.C.Mayil Vahana Rajendran
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the proceedings in H.M.O.P.No.19 of 2022 from the file of the
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TR.C.M.P(MD).No.135 of 2022
Family Court, Dindigul to the Family Court, Theni.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
26.02.2020, as per the Hindu Rites and Customs. Subsequently, due to some
difference of opinion, the husband filed H.M.O.P.No.19 of 2022 before the
Family Court, Dindigul, seeking divorce. Since the petitioner/wife is a
resident of Theni, she filed this present Transfer Civil Miscellaneous
Petition to transfer the proceedings in H.M.O.P.No.19 of 2022 from the file
of the Family Court, Dindigul to the Family Court, Theni.
3.The learned counsel appearing for the petitioner submits that the
distance between Theni and Dindigul is around 95 kms and it is very
difficult for the petitioner to travel such a long distance for appearing before
the Family Court, Dindigul, for each and every hearing.
4.The learned counsel appearing for the respondent objects for
transferring the proceedings from the file of the Family Court, Dindigul to
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TR.C.M.P(MD).No.135 of 2022
the Family Court, Theni, since there is a life threat for the respondent at
Theni.
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
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.C.M.P(MD).No.135 of 2022
7. Considering the submissions made by either side counsel,
this Court is inclined to transfer the proceedings in H.M.O.P.No.19 of 2022
from the file of the Family Court, Dindigul to the Family Court, Madurai,
which is a neutral venue. Accordingly, this transfer Civil Miscellaneous
Petition is disposed of with a direction that the proceedings in H.M.O.P.No.
19 of 2022 on the file of the Family Court, Dindigul is withdrawn and
ordered to be transferred to the file of the Family Court, Madurai. The
learned Judge, Family Court, Dindigul is directed to transmit the entire case
records to the Family Court, Madurai forthwith and the learned Judge,
Family Court, Madurai, who in turn 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.135 of 2022
To
1.Family Court, Dindigul
2. Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.135 of 2022
B.PUGALENDHI, J.
ssb
TR.C.M.P(MD).No.135 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
