Madras High Court
S.Divya @ Nirmala vs N.Sargunan on 14 October, 2022
Tr.C.M.P(MD)No.329 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.329 of 2022
and
C.M.P(MD) No.5532 of 2022
S.Divya @ Nirmala ... Petitioner
-Vs-
N.Sargunan ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw H.M.O.P.No.844 of 2022, on the file of
the Additional Family Court, Coimbatore and transfer the same to
the file of the Family Court, Madurai.
For Petitioner : Mr.H.Arumugam
For Respondent : Mr.R.Sundar Srinivasan
ORDER
This Transfer Civil Miscellaneous Petition has been
filed seeking transfer of the proceedings in H.M.O.P.No.844 of 2022
from the file of the Additional Family Court, Coimbatore to the
Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.329 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 11.11.2018, as per Hindu Rites and Customs.
Out of the wedlock, they have blessed with a female baby on
14.09.2020. Subsequently, due to some difference of opinion, the
respondent filed H.M.O.P.No.844 of 2022, seeking divorce, before
the Additional Family Court, Coimbatore. 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.
844 of 2022 from the file of the Family Court, Coimbatore to the
Family Court, Madurai.
3.The learned counsel appearing for the petitioner
submits that the distance between Coimbatore and Madurai is 550
kilometers and the petitioner is not having any means to travel such
a long distance and also there is no one to accompany her.
4.The learned counsel appearing for the respondent
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.329 of 2022
objects for transfer of the proceedings from the Family Court,
Coimbatore to the Family 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.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.329 of 2022
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
H.M.O.P.No.844 of 2020, on the file of the Family Court,
Coimbatore is withdrawn and ordered to be transferred to the file of
the Family Court, Madurai. The learned Judge, Family Court,
Coimbatore is directed to transmit the entire case records to the
Family Court, Madurai forthwith and the learned Judge, Family
Court, Madurai, who in turn shall dispose of the same as
expeditiously as possible. No costs. Consequently, connected
miscellaneous petition is closed.
14.10.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Family Court, Coimbatore.
2.The Family 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.329 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.329 of 2022
and
C.M.P(MD) No.5532 of 2022
14.10.2022
https://www.mhc.tn.gov.in/judis
