Madras High Court
Divya Sri vs Mareeskannan on 4 November, 2022
TR.C.M.P(MD).No.565 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.565 of 2022
and
C.M.P(MD).No.9044 of 2022
Divya Sri ... Petitioner
versus
Mareeskannan ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24
C.P.C. to withdraw the case in H.M.O.P.No.88 of 2022 on the file of
the Sub Court, Sattur, Virudhunagar District and transfer the same to
the Sub Court, Devakottai, Sivagangai District.
For Petitioner : Mr.S.Sathyachidambarm
For Respondent : Mr.M.Prabhu
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.565 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of H.M.O.P.No.88 of 2022 from the file of Sub Court, Sattur,
Virudhunagar, to the file of Sub Court, Devakottai, Sivagangai
2. The petitioner herein is the wife and the respondent herein is
the husband. The marriage between them was solemnized on
02.05.2016, as per Hindu Rites and Customs and out of the wedlock,
they are blessed with a female child. Due to some misunderstanding,
now, they are living separately. Thereafter, the respondent has filed
H.M.O.P.No.88 of 2022 before the Sub Court, Sattur, Virudhunagar
District, seeking divorce. Now, the petitioner and her child are living
along with her old-aged parents at Karaikudi. Since the petitioner
alone has to take care of her 4-year-old child and her aged parents, she
finds it difficult to travel from Karaikudi to Sattur. Hence, she filed the
present Transfer Civil Miscellaneous Petition to transfer the case in
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TR.C.M.P(MD).No.565 of 2022
H.M.O.P.No.88 of 2022 from the file of the Sub Court, Sattur,
Virudhunagar District, to the file of the Sub Court, Devakottai,
Sivagangai District.
3. The learned counsel appearing for the petitioner submits that
the distance between Karaikudi and Sattur is around 165 kms. He
further submits that the petitioner is not having sufficient means to
travel and she depends upon her parents to meet out her day-to-day
expenses. Since she alone has to take care of her 4-year-old child, who
is studying at Karaikudi and her aged parents and there is no one to
accompany her, she finds it difficult to travel from Karaikudi to Sattur
for appearing before the Sub Court, Sattur, for each and every hearing.
The petitioner is also facing life threat at the hands of the respondent.
4. Heard the learned counsel appearing for the respondent.
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TR.C.M.P(MD).No.565 of 2022
5. The Hon'ble Apex Court in the case of Amitha Shah vs-
Virendar Lal Shah, reported (2003)10 SCC 609) has held that the
convenience of the wife and more so of the child must be taken into
account while deciding the petition for transfer and in the case of
Rajani Kishor Paradeshi Vs Kishor Babulal Paradeshi reported in
(2005) 12 SCC 237, the Hon'ble Apex Court has held that in such type
of transfer petitions, the convenience of the wife is to be preferred over
the convenience of the husband.
6. This Court, by taking into consideration that the convenience
of wife is to be taken into consideration at the time of considering
transfer petitions as held by the Hon'ble Supreme Court in the
judgments cited supra, is inclined to allow the present petition.
7. Accordingly, the Transfer Civil Miscellaneous petition stands
allowed. The proceedings in H.M.O.P.No.88 of 2022 pending on the
file of the Sub Court, Sattur, Virudhunagar District, is withdrawn and
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TR.C.M.P(MD).No.565 of 2022
ordered to be transferred to the file of the Sub Court, Devakottai,
Sivagangai. The Sub Court, Sattur, Virudhunagar, is directed to
transmit the entire case records to the Sub Court, Devakottai,
Sivagangai District forthwith. The learned Sub Judge, Sub Court,
Devakottai, Sivagangai District, shall dispose of the case as
expeditiously as possible. No costs. Consequently, connected
miscellaneous petition is closed.
04.11.2022
Index : Yes / No
Internet: Yes / No
ogy
To
1. The Sub Court,
Sattur,
Virudhunagar.
2. The Sub Court,
Devakottai,
Sivagangai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.565 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.565 of 2022
04.11.2022
https://www.mhc.tn.gov.in/judis
