Madras High Court
A.Ponsaranya vs C.Anandhakumar on 14 October, 2022
Tr.C.M.P(MD)No.242 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.242 of 2022
and
C.M.P(MD) No.4126 of 2022
A.Ponsaranya ... Petitioner
-Vs-
C.Anandhakumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw the case in HMOP NO.95 of 2022 from the file of
the Family Court, Dindigul and transfer the same to the Family Court,
Madurai.
For Petitioner : Mr.P.Palani
For Respondent : Mr.J.Lawrance
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.95 of 2022 from the
file of the Family Court, Dindigul to the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.242 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 04.09.2020, as per Hindu Rites and Customs.
Subsequently, due to some difference of opinion, the respondent
filed H.M.O.P.No.95 of 2022, seeking divorce, before the Family
Court, Dindigul. 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.95 of 2022 from the file of
the Family Court, Dindigul to the Family Court, Madurai.
3.The learned counsel appearing for the petitioner
submits that the petitioner is not having any means to travel from
Madurai to Dindigul to attend the Court proceedings and also there
is no one to accompany her.
4.The learned counsel appearing for the respondent
objects for transfer of the proceedings from the Family Court,
Dindigul to the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.242 of 2022
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.In earlier occasion, on 03.08.2022, this Court referred
the matter for mediation with the consent of the parties. However, it
could not be settled. Hence, 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.242 of 2022
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
H.M.O.P.No.95 of 2022, on the file of the Family Court, Dindigul is
withdrawn and ordered to be transferred to the file of the Family
Court, Madurai. The learned Judge, Family Court, Dindigul 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,Dindigul
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.242 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.242 of 2022
and
C.M.P(MD) No.4126 of 2022
14.10.2022
https://www.mhc.tn.gov.in/judis
