R.Indira vs Ravichandran
2022 Latest Caselaw 12057 Mad

                                                                               TR.C.M.P(MD).No.92 of 2022

                            BEFORE THE Coimbatore BENCH OF MADRAS HIGH COURT

                                                     DATED : 06.07.2022

                                                           CORAM:

                                    THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                 TR.C.M.P(MD).No.92 of 2022
                                                 C.M.P(MD).No.2000 of 2022


                     R.Indira                                                            ... Petitioner

                                                             versus

                     Ravichandran                                                     ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24 of
                     C.P.C, to withdraw the case in H.M.O.P.No.1335 of 2015 on the file of the
                     Principal Family Court, Coimbatore and transfer the same to the Family
                     Court, Sivagangai.


                                        For Petitioner         : Mr.N.Anandakumar

                                        For Respondent         : No-appearance




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                TR.C.M.P(MD).No.92 of 2022

                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the proceedings in H.M.O.P.No.1335 of 2015 from the file of

the Principal Family Court, Coimbatore to the Family Court, Sivagangai.

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

marriage between the petitioner and the respondent was solemnized on

14.11.1996, as per the Hindu Rites and Customs. Subsequently, due to some

difference of opinion, the respondent/husband has filed H.M.O.P.No. 1335

of 2015 before the Principal Family Court, Coimbatore, seeking divorce.

Since the petitioner/wife is a resident of Sivagangai, she filed this present

Transfer Civil Miscellaneous Petition to transfer the proceedings in

H.M.O.P.No.1335 of 2015 from the file of the Principal Family Court,

Coimbatore to the Family Court, Sivagangai.

3.The learned counsel appearing for the petitioner submits that the

distance between Sivagangai and Coimbatore is around 300 kms and it is

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

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.92 of 2022

before the Principal Family Court, Coimbatore, for each and every hearing.

4.Though notice was ordered 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.

6.In the light of the above, this transfer Civil Miscellaneous

petition stands allowed. The proceedings in H.M.O.P.No.1335 of 2015 on

the file of the Principal Family Court, Coimbatore is withdrawn and ordered

to be transferred to the file of the Family Court, Sivagangai. The learned

Judge, Principal Family Court, Coimbatore, is directed to transmit the entire

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.92 of 2022

case records to the Family Court, Sivagangai, forthwith and the learned

Judge, Family Court, Sivagangai, who in turn shall dispose of the same as

expeditiously as possible. No costs. Consequently, connected miscellaneous

petitions are closed.

06.07.2022 ssb Index : Yes / No Internet: Yes / No

To

1.Principal Family Court, Coimbatore

2. Family Court, Sivagangai

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.92 of 2022

B.PUGALENDHI, J.

ssb

TR.C.M.P(MD).No.92 of 2022

06.07.2022

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