Madras High Court
S.Divya vs A.Rakesh on 6 July, 2022
TR.C.M.P(MD)No.180 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.180 of 2022
and
C.M.P(MD)No.3222 of 2022
S.Divya ... Petitioner
Vs
A.Rakesh ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 r/w Section 151 of C.P.C, to withdraw
HMOP.No.517 of 2020 from the file of the Family Court,
Madurai, to the file of the Family Court, Virudhunagar
at Srivilliputhur.
For Petitioner : Mr.A.Sivaji
For Respondent : No representation
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking to transfer the proceedings in
HMOP.No.517 of 2020 from the file of the Family Court,
Madurai to the file of the Family Court, Virudhunagar
at Srivilliputhur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.180 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 06.09.2018, as per the
Hindu Rites and Customs. Now the husband filed
HMOP.No.517 of 2020 before the Family Court, Madurai on
certain difference of opinion. Since the petitioner /
wife is a resident of Virudhunagar District, she filed
this present Transfer Civil Miscellaneous Petition to
transfer the proceedings in HMOP.No.517 of 2020 from
the file of the Family Court, Madurai to the file of
the Family Court, Virudhunagar at Srivilliputhur.
3.The learned counsel appearing for the petitioner
submits that the petitioner is having a two year old
female child. The distance between Madurai and
Srivilliputhur is nearly 80 kms and it is 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.180 of 2022
4.Though notice is served on the respondent, no
one represents on behalf of 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.517 of 2020 on the file of
the Family Court, Madurai is withdrawn and ordered to
be transferred to the file of the Family Court,
Virudhunagar @ Srivilliputhur. The learned Judge,
Family Court, Madurai is directed to transmit the
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.180 of 2022
entire case bundle forthwith to the learned Family
Court, Virudhunagar @ Srivilliputhur, 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,
Madurai.
2. The Judge,
Family Court,
Virudhunagar @ Srivilliputhur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.180 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.180 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
