Madras High Court
R.Sangavi vs Selvakumar on 14 October, 2022
TR.C.M.P(MD).No.333 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.333 of 2022
and
C.M.P(MD).Nos.5574 and 5575 of 2022
R.Sangavi ... Petitioner
versus
Selvakumar ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24
of C.P.C to withdraw the proceedings in H.M.O.P.No.21 of 2022
pending on the file of the Sub Judge, Paramakudi and transfer the same
to the file of the Family Court, Sivagangai.
For Petitioner : Mr.M.Suresh
For Respondent : Mr.B.Arun
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.333 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.21 of 2022 from the file of the
learned Sub Judge, Paramakudi, to the file of the Family Court,
Sivagangai.
2. The petitioner is the wife and the respondent is the husband.
The marriage between them was solemnized on 27.01.2021, as per the
Hindu Rites and Customs and out of the wedlock, they are blessed with
a male child. Due to some misunderstanding, now, they are living
separately. Thereafter, the respondent has filed H.M.O.P.No.21 of
2022 before the learned Sub Judge, Paramakudi, for divorce. Now, the
petitioner along with her ten-month-old child is living along with her
old-aged parents at Sivagangai. Since the petitioner alone has to take
care of her ten-month-old child and her old-aged parents, she finds it
difficult to travel from Sivagangai to Paramakudi. Hence, she filed the
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.333 of 2022
present Transfer Civil Miscellaneous Petition to transfer the case in
H.M.O.P.No.21 of 2022 from the file of the learned Sub Judge,
Paramakudi to the file of the Family Court, Sivagangai.
3.The learned counsel appearing for the petitioner submits that
the petitioner is having ten-month-old child and since she alone has to
take care of her child and her old-aged parents and there is no one to
accompany her, she finds it difficult to travel from Sivagangai to
Paramakudi for appearing before the Sub Court, Paramakudi, for each
and every hearing.
4. The learned counsel appearing for the respondent submits that
the respondent is having a life threat at the hands of the petitioner.
Therefore, he objects for transferring the case.
5. Though the respondent claims that he is having a life threat at
the hands of the petitioner, he has not produced any document to
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.333 of 2022
substantiate the same.
6. Further, 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.
7. This Court being satisfied with the reasons stated in the
affidavit filed in support of this petition and also 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.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.333 of 2022
8. In the light of the above, the Transfer Civil Miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.21 of 2022
pending on the file of the learned Sub Judge, Paramakudi, is withdrawn
and ordered to be transferred to the file of the Family Court,
Sivagangai. The Sub Court, Paramakudi, is directed to transmit the
entire case records to the Family Court, Sivagangai, forthwith. The
learned Judge, Family Court, Sivagangai, shall dispose of the case as
expeditiously as possible. No costs. Consequently, connected
miscellaneous petitions are closed.
14.10.2022
Index : Yes / No
Internet: Yes / No
ogy
To
1. The learned Sub Judge,
Paramakudi.
2. The Family Court,
Sivagangai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.333 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.333 of 2022
14.10.2022
https://www.mhc.tn.gov.in/judis
