B.M.Vela vs S.Anand
2022 Latest Caselaw 12098 Mad

                                                                                       TR.C.M.P(MD)No.147 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.147 of 2022
                                                           and
                                                 C.M.P(MD)No.2851 of 2022

                     B.M.Vela                                              ... Petitioner
                                                                 Vs

                     S.Anand                                                    ... Respondent

                                  Transfer      Civil      Miscellaneous         Petition         is     filed
                     under Section 24 of C.P.C, to withdraw and transfer the
                     HMOP.No.16 of 2022 from the file of the Family Court,
                     Nagapattinam               and   to   the   file      of     the     Family       Court,
                     Tirunelveli.
                                          For    Petitioner           :        Mr.K.Muthumalai
                                          For Respondent              :        No appearance

                                                               ORDER

This Transfer Civil Miscellaneous Petition has

been filed seeking transfer the proceedings in

HMOP.No.16 of 2022 from the file of the Family Court,

Nagapattinam, to the file of the Family Court,

Tirunelveli.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.147 of 2022

2. The petitioner is the wife and the respondent

is the husband. The marriage between the petitioner and

the respondent was solemnized on 14.08.2021, as per the

Hindu Rites and Customs. Now the husband filed

HMOP.No.16 of 2022 before the Family Court,

Nagapattinam on certain difference of opinion.

Since the petitioner / wife is a resident of

Tirunelveli district, she filed this present Transfer

Civil Miscellaneous Petition to transfer the

proceedings in HMOP.No.16 of 2022 from the file of the

Family Court, Nagapattinam to the file of the

Family Court, Tirunelveli.

3.The learned counsel appearing for the petitioner

submits that the petitioner submits that distance

between Tirunelveli and Nagapattinam is around 400kms

and it is extremely difficult for the petitioner to

travel such a long distance for appearing before the

Court for each hearing.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.147 of 2022

4.Though the respondent entered appearance through

Counsel, none has represented 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 HMOP.No.16 of 2022 on the file of

the Family Court, Nagapattinam is withdrawn and ordered

to be transferred to the file of the Family Court,

Tirunelveli. The learned Judge, Family Court,

Nagapattinam is directed to transmit the entire case

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.147 of 2022

bundle forthwith to the learned Judge, Family Court,

Tirunelveli, who in turn shall dispose of the same as

expeditiously as possible. No costs. Consequently,

connected miscellaneous petition is closed.

06.07.2022 dsk Index : Yes / No Internet: Yes / No

To

1. The Judge, Family Court, Nagapattinam.

2. The Judge, Family Court, Tirunelvlei.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.147 of 2022

B.PUGALENDHI, J.

dsk

TR.C.M.P(MD)No.147 of 2022

06.07.2022

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