Muthulakshmi vs M.Thangapandi
2022 Latest Caselaw 16392 Mad

                                                                            TR.C.M.P(MD).No.477 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.477 of 2022
                                                        and
                                               CMP(MD)No.7701 of 2022

                     Muthulakshmi                                            ... Petitioner

                                                           versus

                     M.Thangapandi                                            ... Respondent

                                  Transfer Civil Miscellaneous Petition is filed under Section 24
                     of C.P.C to withdraw the case in O.P.No.51 of 2022 pending on the file
                     of the Sub Court, Palani, Dindigul District and transfer the same to the
                     III Additional Sub Court, Madurai.


                                        For Petitioner        : Mr.M.Saravanakumar
                                        For Respondent        : Mr.M.Thangapandi
                                                                (Party-in-person)




                     1/6



https://www.mhc.tn.gov.in/judis
                                                                             TR.C.M.P(MD).No.477 of 2022




                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the case in O.P.No.51 of 2022 from the file of the Sub

Court, Palani, Dindigul, to the file of the III Additional Sub Court,

Madurai.

2. The petitioner herein is the wife and the respondent herein is

the husband. The marriage between them was solemnized on

09.02.2017, as per the 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 O.P.No.51 of 2022 before the Sub Court, Palani,

for divorce. Now, the petitioner along with her child is living along

with her old-aged parents at Madurai. Since the petitioner alone has to

take care of her child and her old-aged parents, she finds it difficult to

travel from Madurai to Palani. Hence, she filed the present Transfer

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.477 of 2022

Civil Miscellaneous Petition to transfer the case in O.P.No.51 of 2022

from the file of the Sub Court, Palani, Dindigul, to the file of the III

Additional Sub Court, Madurai.

3.The learned counsel appearing for the petitioner submits that

the distance between Madurai and Palani is about 122 kms. Now, the

petitioner and her child are living along with her old-aged parents at

Madurai and she 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 child and her old-aged parents and

there is no one to accompany her, she finds it difficult to travel from

Madurai to Palani, for appearing before the Sub Court, Palani, for each

and every hearing.

4. Heard the respondent, who appeared in party-in-person.

5. The Hon'ble Apex Court in the case of Amitha Shah vs-

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.477 of 2022

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 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.

7. In the light of the above, the Transfer Civil Miscellaneous

petition stands allowed. The proceedings in O.P.No.51 of 2022 pending

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.477 of 2022

on the file of the Sub Court, Palani, Dindigul District, is withdrawn and

ordered to be transferred to the file of the III Additional Sub Court,

Madurai. The Sub Court, Palani, Dindigul District, is directed to

transmit the entire case records to the III Additional Sub Court,

Madurai, forthwith. The learned Judge, III Additional Sub Court,

Madurai, shall dispose of the case as expeditiously as possible. No

costs. Consequently, connected miscellaneous petition is closed.

14.10.2022

Index : Yes / No Internet: Yes / No ogy

To

1. The Sub Court, Palani, Dindigul District.

2. The III Additional Sub Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.477 of 2022

B.PUGALENDHI, J.

ogy

TR.C.M.P(MD).No.477 of 2022

14.10.2022

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