Gokila vs Ganesh
2022 Latest Caselaw 9550 Mad

                                                                         Tr.C.M.P.No.303 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 07.06.2022

                                                      CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                              Tr.C.M.P. No.303 of 2022
                                             and C.M.P.No.6174 of 2022


                     Gokila                                                    ... Petitioner

                                                         ..Vs..

                     Ganesh                                                 ... Respondent

                     Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw and

                     transfer the FCOP SR.No.386/2021 filed by the respondent from the file

                     of the Hon'ble Family Court, Ariyalur to the file of the Hon'ble Family

                     Court, Villupuram.



                                     For Petitioner     : Mr.Selva Thirumurugan
                                     For Respondent      : Ms.P.Shanthini




                     1/6


https://www.mhc.tn.gov.in/judis
                                                                              Tr.C.M.P.No.303 of 2022

                                                         ORDER

This petition is filed to withdraw and transfer the FCOP

SR.No.386/2021 filed by the Respondent from the file of the Family

Court, Ariyalur to the file of the Family Court, Villupuram.

2.Heard the learned counsel appearing on either side and perused

the materials available on record.

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

marriage between the petitioner and respondent was solemnized on

17.05.2021 as per Hindu rites and customs. After marriage, both the

petitioner and respondent were living together in the matrimonial home at

Chennai. It is stated that right from the day one of the marriage, the

respondent used to quarrel with the petitioner and that apart he and his

parents started demanding dowry from the mother of the petitioner and

thereafter the Respondent left the petitioner in her parental home at

Villupuram, where her mother was residing. Thereafter, the respondent

filed F.C.O.P. SR..No.386 of 2021 on the file of the Family Court,

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.303 of 2022

Ariyalur seeking divorce.

4.According to the petitioner, she is staying with her mother at

Villupuram and it is very difficult for her to travel such a long distance to

attend the Court proceedings at Ariyalur. In the circumstances, the

petitioner has come out with the present Tr.C.M.P. to transfer

F.C.O.P.SR.No.386 of 2021 pending on the file of Family Court, Ariyalur,

to the file of Family Court, Villupuram.

5. The learned counsel for the Respondent submitted that this

petition for transfer has been filed only to drag on the proceedings and

prayed for dismissal of the transfer petition.

6.Considering the above contention of the learned counsel for the

petitioner and well settled judicial pronouncement of the Hon'ble Supreme

Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.303 of 2022

Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR

2002 SC 396 [Sumita Singh Vs. Kumar Sanjay and another], I feel the

convenience of the wife should be given preference in the matrimonial

proceedings.

7.Accordingly, the Transfer Civil Miscellaneous Petition is allowed.

The petition in FCOP SR.No.386/2021 filed by the Respondent is ordered

to be withdrawn from the file of Family Court, Ariyalur and transferred to

the file of the Family Court, Villupuram. The learned Judge, Family

Court, Ariyalur is directed to transmit all the records pertaining to FCOP

SR.No.386/2021 to the file of the Family Court, Villupuram, within a

period of two weeks from the date of receipt of a

copy of this order. No costs. Consequently, connected Miscellaneous

Petition is closed.

07.06.2022

arr

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.303 of 2022

To

1.The Family Court Judge, Ariyalur.

2.The Family Court Judge, Villupuram.

https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.303 of 2022

R.N.MANJULA,J.

arr

Tr.C.M.P. No.303 of 2022 and C.M.P.No.6174 of 2022

07.06.2022

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