Madras High Court
M.Anusha vs A.Marimuthu on 6 July, 2022
TR.C.M.P(MD).No.581 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.581 of 2021
and
C.M.P(MD).No.10454 of 2021
M.Anusha ... Petitioner
versus
A.Marimuthu ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of
C.P.C, to withdraw G.W.O.P.No.347 of 2021 on the file of the Family
Court, Trichy and transfer the same to the file of the Family Court, Madurai.
For Petitioner : Mr.S.Gokulraj
For Respondent : Mr.S.Ramesh
1/5
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.581 of 2021
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the proceedings in G.W.O.P.No.347 of 2021 from the file of the
Family Court, Trichy 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
10.02.2013, as per the Hindu Rites and Customs and they were blessed with
a girl child namely M.Keshika. Due to some difference of opinion, the
respondent has pulled out the petitioner from the matrimonial house by
keeping the custody of the minor child. Hence, she has filed G.W.O.P.No.
347 of 2021 before the Family Court, Trichy. Since the appearance of the
parties is necessary before the Family Court, Trichy, the petitioner has to
travel 260 kms. Hence, she filed this present Transfer Civil Miscellaneous
Petition to transfer the proceedings in G.W.O.P.No.347 of 2021 from the
file of the Family Court, Trichy to the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.581 of 2021
3.The learned counsel appearing for the petitioner submits that
the distance between Trichy and Madurai is around 260 kms and it is very
difficult for the petitioner to travel such a long distance for appearing before
the Family Court, Trichy for each and every hearing.
4.Heard the learned counsel appearing for the petitioner.
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.
6.In the light of the above, this transfer civil miscellaneous
petition stands allowed. The proceedings in G.W.O.P.No.347 of 2021 on the
file of the Family Court, Trichy is withdrawn and ordered to be transferred
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.581 of 2021
to the file of the Family Court, Madurai. The learned Judge, Family Court,
Trichy 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
To
1. Family Court, Trichy
2.Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.581 of 2021
B.PUGALENDHI, J.
ssb
TR.C.M.P(MD).No.581 of 2021
06.07.2022
https://www.mhc.tn.gov.in/judis
