Madras High Court
M.Rajeshwari vs J.Rupesh @ Rupesh Kumar on 11 November, 2022
Tr.C.M.P(MD)No.286 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.286 of 2022
and
C.M.P(MD) No.4806 of 2022
M.Rajeshwari ... Petitioner
-Vs-
J.Rupesh @ Rupesh Kumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw H.M.O.P.No.12 of 2022 pending before
the Sub Court, Theni and transfer the same to the Sub Court at
Madurai.
For Petitioner : Mr.K.K.Samy
For Respondent : Mr.B.Sukumar
ORDER
This Transfer Civil Miscellaneous Petition is filed
seeking transfer of the proceedings in H.M.O.P.No.12 of 2022 from
the file of the Sub Court, Theni to the Sub Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.286 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 01.11.2019. Subsequently, due to some
difference of opinion, the respondent filed H.M.O.P.No.12 of 2022,
seeking divorce, before the Sub Court, Theni. Since the
petitioner/wife is a resident of Madurai, she filed this present
Transfer Civil Miscellaneous Petition to transfer the proceedings in
H.M.O.P.No.12 of 2022 from the file of the Sub Court, Theni to the
Sub Court, Madurai.
3.The learned counsel appearing for the petitioner
submits that the distance between Theni and Madurai is around
90 kms. The learned counsel further submits that the petitioner is not
having any means to travel such a long distance and there is no one
to accompany her.
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Tr.C.M.P(MD)No.286 of 2022
4.The learned counsel appearing for the respondent
strongly objects for transfer of the proceedings in H.M.O.P.No.12 of
2022 from the file of the Sub Court, Theni to the Sub Court,
Madurai.
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
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Tr.C.M.P(MD)No.286 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
H.M.O.P.No.12 of 2022, on the file of the Sub Court, Theni is
withdrawn and ordered to be transferred to the file of the Sub Court,
Madurai. The learned Subordinate Judge, Theni is directed to
transmit the entire case records to the Subordinate Judge, Madurai
forthwith and the learned Subordinate Judge, Madurai, 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.286 of 2022
To
1.The Sub Court, Theni.
2.The Sub Court, Madurai.
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.286 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.286 of 2022
and
C.M.P(MD) No.4806 of 2022
11.11.2022
https://www.mhc.tn.gov.in/judis
