Madras High Court
Ramya Priyadarshini vs K.Karthikeyan on 6 July, 2022
TR.C.M.P(MD).No.137 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.137 of 2022
C.M.P(MD).No.2636 of 2022
Ramya Priyadarshini ... Petitioner
versus
K.Karthikeyan ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of
C.P.C, to withdraw the case in H.M.O.P.No.175 of 2021 on the file of the
Sub Court, Virudhunagar seeking for divorce and transfer the same to the
Family Court, Madurai to be tried along with H.M.O.P.No.1227 of 2021 on
the file of the Family Court, Madurai, seeking for restitution of conjugal
rights.
For Petitioner : Mr.A.S.Rajeswari
For Respondent : Mr.I.Suthakaran
1/5
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TR.C.M.P(MD).No.137 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the proceedings in H.M.O.P.No.175 of 2021 from the file of the
Sub Court, Virudhunagar to the Family Court, Madurai.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
11.07.2019. Subsequently, due to some difference of opinion, the
respondent herein/husband filed H.M.O.P.No.175 of 2021 before the Sub
Court, Virudhunagar, seeking divorce. Since the petitioner/wife is a resident
of Madurai, she filed this present Transfer Civil Miscellaneous Petition to
transfer the proceedings in H.M.O.P.No.175 of 2021 from the file of the
Sub Court, Virudhunagar to the Family Court, Madurai.
3.The learned counsel appearing for the petitioner submits that the
distance between Madurai and Virudhunagar is around 116 kms and it is
very difficult for the petitioner to travel such a long distance for appearing
before the Sub Court, Virudhunagar, for each and every hearing.
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TR.C.M.P(MD).No.137 of 2022
4 Heard Mr.I.Suthakaran, 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
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.137 of 2022
7.In the light of the above, this transfer civil miscellaneous petition
stands allowed. The proceedings in H.M.O.P.No.175 of 2021 on the file of
the Sub Court, Virudhunagar is withdrawn and ordered to be transferred to
the file of the Family Court, Madurai. The learned Judge, Sub Court,
Virudhunagar, is directed to transmit the entire case records to the Family
Court, Madurai, forthwith and the learned Judge, Family Court, Madurai,
who in turn, on receipt of the case, shall try it along with H.M.O.P.No.1227
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
To
1.Sub Court, Virudhunagar
2. Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.137 of 2022
B.PUGALENDHI, J.
ssb
TR.C.M.P(MD).No.137 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
