Madras High Court
S.Swathi vs R.Manikandan on 6 July, 2022
TR.C.M.P(MD).No.18 of 2022
BEFORE THE Trichy BENCH OF MADRAS HIGH COURT
DATED : 06.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.18 of 2022
and
C.M.P(MD).No.327 of 2022
S.Swathi ... Petitioner
versus
R.Manikandan ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of
C.P.C, to withdraw F.C.O.P.No.207 of 2021 on the file of the Family Court,
Namakkal and transfer the same to the file of the Family Court, Trichy.
For Petitioner : Mr.K.Sivabalan
For Respondent : No-appearance
1/5
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.18 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the proceedings in F.C.O.P.No.207 of 2021 from the file of the
Family Court, Namakkal to the Family Court, Trichy.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
17.01.2021, as per the Hindu rites and customs. After few days of the
marriage, the respondent and his family members harassed the petitioner,
due to which, she has given a complaint before the All Women Police
Station, Namakkal. In order to escape from the criminal proceedings, the
respondent has filed F.C.O.P.No.207 of 2021 before the Family Court,
Namakkal seeking restitution of conjugal rights. Since the petitioner is a
resident of Tiruchirappalli, she has filed this present Transfer Civil
Miscellaneous Petition to transfer the proceedings in F.C.O.P.No.207 of
2021 from the file of the Family Court, Namakkal to the Family Court,
Trichy.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.18 of 2022
3.The learned counsel appearing for the petitioner submits that
the distance between Namakkal and Trichy is around 200 kms and it is very
difficult for the petitioner to travel such a long distance for appearing before
the Family Court, Namakkal 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.18 of 2022
6.In the light of the above, this transfer civil miscellaneous petition
stands allowed. The proceedings in F.C.O.P.No.207 of 2021 on the file of
the Family Court, Namakkal is withdrawn and ordered to be transferred to
the file of the Family Court, Trichy. The learned Judge, Family Court,
Namakkal, is directed to transmit the entire case records to the Family
Court, Trichy, forthwith and the learned Judge, Family Court, Trichy, 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, Namakkal
2.Family Court, Trichy.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.18 of 2022
B.PUGALENDHI, J.
ssb
TR.C.M.P(MD).No.18 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
