S.Shanthi vs S.Vigneshkarthi
2022 Latest Caselaw 16418 Mad

                                                                            TR.C.M.P(MD).No.384 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.384 of 2022
                                                         and
                                               C.M.P(MD).No.6289 of 2022

                     S.Shanthi                                               ... Petitioner

                                                           versus

                     S.Vigneshkarthi                                          ... Respondent


                                  Transfer Civil Miscellaneous Petition is filed under Section 24
                     of C.P.C to withdraw the case in H.M.O.P.No.108 of 2021 pending on
                     the file of the Sub Court, Dindigul and transfer the same to the file of
                     the Family Court, Tirunelveli.


                                        For Petitioner        : Mr.R.Maheswaran
                                        For Respondent        : Mr.A.Sivasubramanian




                     1/6



https://www.mhc.tn.gov.in/judis
                                                                             TR.C.M.P(MD).No.384 of 2022




                                                           ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

transfer of the case in H.M.O.P.No.108 of 2021 from the file of the

Sub Court, Dindigul, to the file of the Family Court, Tirunelveli.

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

The marriage between them was solemnized on 24.05.2020, as per the

Hindu Rites and Customs. After the marriage, the petitioner was

subjected to cruelty by the respondent and his family members and she

was also driven out from the matrimonial home. Thereafter, the

respondent has also filed H.M.O.P.No.108 of 2021 before the Sub

Court, Dindigul, for divorce. Now, the petitioner is living along with

her old-aged parents at Tirunelveli. Since she alone has to take care of

her old-aged parents, she finds it difficult to travel from Tirunlelvei to

Dindigul. Hence, she filed the present Transfer Civil Miscellaneous

Petition to transfer the case in H.M.O.P.No.108 of 2021 from the file of

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.384 of 2022

the Sub Court, Dindigul, to the file of the Family Court, Tirunelveli.

3.The learned counsel appearing for the petitioner submits that

the distance between Tirunelveli and Dindigul is around 210 kms. He

further submits that the petitioner 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 old-aged parents and

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

Tirunelveli to Dindigul for appearing before the Sub Court, Dindigul,

for each and every hearing.

4. However, the learned counsel appearing for the respondent

raised serious objections for transferring the case from the file of Sub

Court, Dindigul, to the file of the Family Court, Tirunelveli.

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

Virendar Lal Shah, reported (2003)10 SCC 609) has held that the

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.384 of 2022

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 H.M.O.P.No.108 of 2021

pending on the file of the Sub Court, Dindigul, is withdrawn and

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.384 of 2022

ordered to be transferred to the file of the Family Court, Tirunelveli.

The Sub Court, Dindigul, is directed to transmit the entire case records

to the Family Court, Tirunelveli, forthwith. The learned Judge, Family

Court, Tirunelveli, 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, Dindigul.

2. The Family Court, Tirunelveli.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD).No.384 of 2022

B.PUGALENDHI, J.

ogy

TR.C.M.P(MD).No.384 of 2022

14.10.2022

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