Priya vs Manikandan
2022 Latest Caselaw 12029 Mad

                                                                                TR.C.M.P(MD).No.15 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.15 of 2022
                                                           and
                                                  C.M.P(MD).No.284 of 2022

                     Priya                                                           ... Petitioner

                                                             versus

                     Manikandan                                                      ... Respondent

                                  Transfer Civil Miscellaneous Petition is filed under Section 24 r/w.
                     151 of C.P.C, to withdraw G.W.O.P.No.4789 of 2021 on the file of the II
                     Family Court, Chennai and transfer the same to the file of the Family Court,
                     Pudukkottai.


                                        For Petitioner          : Mr.D.Ramesh Kumar

                                        For Respondent          : No-appearance




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                TR.C.M.P(MD).No.15 of 2022



                                                            ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in G.W.O.P.No.4789 of 2021 from the file of

the II Family Court, Chennai to the Family Court, Pudukkottai.

2. The petitioner is the wife and the respondent is the husband. The

marriage between the petitioner and the respondent was solemnized on

09.05.2011 and they were blessed with a boy child on 05.10.2017. Due to

some difference of opinion, the respondent has pulled out the petitioner and

her child from the matrimonial house. Hence, the petitioner has filed

H.M.O.P.No.198 of 2021 before the Sub-Court, Pudukkottai, seeking

divorce. In the meanwhile, the respondent has filed G.W.O.P.No.4789 of

2021 before the II Family Court, Chennai seeking appointment of guardian

of minor. Since the petitioner is a resident of Pudukottai, she has filed this

present Transfer Civil Miscellaneous Petition to transfer the proceedings in

G.W.O.P.No.4789 of 2021 from the file of the II Family Court, Chennai to

the Family Court, Pudukkottai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.15 of 2022

3.The learned counsel appearing for the petitioner submits that

the distance between Chennai and Pudukkottai is around 375 kms and it is

very difficult for the petitioner to travel such a long distance for appearing

before the II Family Court, Chennai for each and every hearing.

4. Though notice was served to the respondent, there is no

representation for the respondent.

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

Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), is

inclined to allow the present petition.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.15 of 2022

6.In the light of the above, this transfer civil miscellaneous petition

stands allowed. The proceedings in G.W.O.P.No.4789 of 2021 on the file of

the II Family Court, Chennai is withdrawn and ordered to be transferred to

the file of the Family Court, Pudukkottai. The learned Judge, II Family

Court, Chennai is directed to transmit the entire case records to the Family

Court, Pudukkottai forthwith and the learned Judge, Family Court,

Pudukkottai, 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

To

1. II Family Court, Chennai

2.Family Court, Pudukkottai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.15 of 2022

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.15 of 2022

06.07.2022

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