Madras High Court
Vencyruthpriya vs V.David on 11 November, 2022
Tr.C.M.P(MD)No.550 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.550 of 2022
and
C.M.P(MD) No.8745 of 2022
Vencyruthpriya ... Petitioner
-Vs-
V.David ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw I.D.O.P.No.207 of 2022 pending on the file of the I
Additional District Court, Madurai to the file of the Principal District
Court at Srivilliputhur.
For Petitioner : Mr.M.Thirunavukkarasu
For Respondent : Mr.S.Vinothkumar
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in I.D.O.P.No.207 of 2022 from the
file of the I Additional District Court, Madurai to the file of the Principal
District Court at Srivilliputhur.
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Tr.C.M.P(MD)No.550 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 27.04.2013. Out of the wedlock, they have
blessed with a female child on 07.02.2014. Subsequently, due to
some difference of opinion, the respondent filed I.D.O.P.No.207 of
2022, seeking divorce, before the I Additional District Court,
Madurai. Since the petitioner/wife is a resident of Srivilliputhur, she
filed this present Transfer Civil Miscellaneous Petition to transfer
the proceedings in I.D.O.P.No.207 of 2022 from the file of the I
Additional District Court, Madurai to the file of the Principal District
Court at Srivilliputhur.
3.The learned counsel appearing for the petitioner
submits that the distance between Srivilliputhur and Madurai is
around 85 kms. The learned counsel further submits that the
petitioner could not travel such a long distance as she is having a
female child and also there is no one to accompany her.
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Tr.C.M.P(MD)No.550 of 2022
4.The learned counsel appearing for the respondent
strongly objects for transfer of the proceedings in I.D.O.P.No.207 of
2022 from I Additional District Court, Madurai to the Principal District
Court at Srivilliputhur.
5.The Hon'ble Apex Court in the case of Amitha Shah
vs- Virendar Lal Shah, reported in (2003)10 SCC 609, has held that
the convenience of the wife and more particularly the child must be
taken into account while deciding the petition for transfer. Further,
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.Though the learned counsel appearing for the
respondent raised certain objections for transfer of the proceedings,
this Court being satisfied with the reasons stated in the affidavit filed
in support of this petition and also taking into consideration that the
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.550 of 2022
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.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
I.D.O.P.No.207 of 2022, on the file of the I Additional District Court,
Madurai is withdrawn and ordered to be transferred to the file of the
Principal District Court at Srivilliputhur. The learned I Additional
District Judge, Madurai is directed to transmit the entire case records
to the Principal District Court at Srivilliputhur forthwith and the
learned Principal District Judge, Srivilliputhur, who in turn shall
dispose of the same as expeditiously as possible. No costs.
Consequently, connected miscellaneous petition is closed.
11.11.2022
Index : Yes/No
Internet : Yes/No
vrn
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.550 of 2022
To
1.The I Additional District Court, Madurai
2.The Principal District Court, Srivilliputhur.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.550 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.550 of 2022
and
C.M.P(MD) No.8745 of 2022
11.11.2022
https://www.mhc.tn.gov.in/judis
