S.Annalakshmi vs N.S.Prasanna
2022 Latest Caselaw 10732 Mad

                                                                            TR CMP(MD)No.54 of 2021

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated: 21.06.2022

                                                     CORAM:

                                     THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                             TR CMP(MD)No.54 of 2021
                                                       and
                                              CMP(MD)No.1102 of 2021


                S.Annalakshmi                                           ... Petitioner

                                                      Vs

                N.S.Prasanna                                            ... Respondent

                PRAYER: Transfer Civil Miscellaneous Petition filed under
                Section 24 r/w 151 of the Civil Procedure Code, to transfer
                the       case      in   H.M.O.P.No.144    of   2020   on   the    file   of   the
                Family Court, Thiruvallur, to the file of the Family Court,
                Sivagangai.


                                   For Petitioner     : Mr.PR.Boomee Rajan
                                   For Respondent     : Mr.S.Balasubramanian
                                                      *****
                                                      ORDER

This Transfer Civil Miscellaneous Petition is filed to

transfer the proceedings in H.M.O.P.No.144 of 2020 from the

file of the Family Court, Thiruvallur to the file of the

Family Court, Sivagangai.

https://www.mhc.tn.gov.in/judis TR CMP(MD)No.54 of 2021

2.Learned Counsel for the petitioner submits that the

petitioner and the respondent are wife and husband. Their

marriage was solemnized on 05.12.2011 at Sivanandha Mahal,

Karaikudi. After the marriage, both of them lived happily

for some time, however, there were no issues. Thereafter,

the petitioner underwent harassment and cruelty at the

hands of the respondent. The respondent never took care of

the petitioner and has driven her out of the matrimonial

home. He has also filed the petition for divorce before the

Family Court, Thiruvallur in H.M.O.P.No.144 of 2020.

3.Learned Counsel further submitted that the petitioner

is residing with her parents in Sivagangai. The respondent

has filed the case before the Family Court in Thiruvallur,

which is nearly 460 KMs from her place of stay. The

petitioner finds it difficult to attend the Court

proceedings in Thiruvallur. Therefore, the petitioner prays

to transfer the proceedings in H.M.O.P.No.144 of 2020 from

the Family Court, Thiruvallur to the Family Court,

Sivagangai.

https://www.mhc.tn.gov.in/judis TR CMP(MD)No.54 of 2021

4.Learned Counsel for the respondent strongly objected

to the relief sought for by the petitioner.

5.Heard the learned Counsel on either side and perused

the materials placed on record.

6.According to the learned Counsel for the petitioner,

the petitioner is residing in Sivagangai with her parents

and she could not travel to Thiruvallur, without the

assistance of others. The distance between Thiruvallur and

Sivagangai is nearly 460 Kms. I am satisfied with the

reasons stated in the affidavit filed in support of this

petition. It is well settled law that convenience of woman

is to be taken into consideration at the time of

considering transfer applications as held by the Supreme

Court in the judgment reported in 2008(9)SCC 353 (Arti Rani

@ Pinki Devi and another Vs. Dharmendra Kumar Gupta).

Therefore, I am inclined to allow the present petition.

7.In the light of the above, this transfer civil

miscellaneous petition stands allowed. The proceedings in

https://www.mhc.tn.gov.in/judis TR CMP(MD)No.54 of 2021

H.M.O.P.No.144 of 2020 from the file of the Family Court,

Thiruvallur is withdrawn and transferred to the file of the

Family Court, Sivagangai. The learned Judge, Family Court,

Thiruvallur is directed to send the entire case records in

H.M.O.P.No.144 of 2020 within a period of fifteen days from

the date of receipt of a copy of this order to the learned

Judge, Family Court, Sivagangai, who in turn shall dispose

of the same as expeditiously as possible. No costs.

Consequently, connected miscellaneous petition stands

closed.

                Internet :               Yes                           21.06.2022
                Index    :               Yes / No
                gk

                To

                1.The Judge,
                  Family Court,
                  Thiruvallur.

                2.The Judge,
                  Family Court,
                  Sivagangai.

https://www.mhc.tn.gov.in/judis TR CMP(MD)No.54 of 2021

B.PUGALENDHI, J.

gk

TR CMP(MD)No.54 of 2021

21.06.2022

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