Madras High Court
Muthu Meenakshi @ S.Swathi vs Muthaiyah @ Seenivasan on 14 October, 2022
TR.C.M.P(MD).No.377 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.377 of 2022
and
C.M.P(MD).No.6228 of 2022
Muthu Meenakshi @ S.Swathi ... Petitioner
versus
Muthaiyah @ Seenivasan ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24
of C.P.C to withdraw O.P.No.176 of 2022 pending on the file of the
Family Court, Sivagangai and transfer the same to the file of the
Family Court, Trichy.
For Petitioner : Mr.K.M.Karunakaran
For Respondent : Mr.C.Rajagopal
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.377 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in O.P.No.176 of 2022 from the file of the Family
Court, Sivagangai, to the file of the Family Court, Trichy.
2. The petitioner herein was a divorcee and she is having a 6
year-old female child. After knowing all the facts, the marriage
between the petitioner and the respondent was solemnized on
09.12.2021, as per the Hindu Rites and Customs. After the marriage,
the petitioner was not allowed to look after her child and she was also
ill-treated by the respondent and his family members. Therefore, she
left the matrimonial home. Thereafter, the respondent has filed
O.P.No.176 of 2022 before the Family Court, Sivagangai, for divorce.
Now, the petitioner and her 6-year-old female child are living along
with her old-aged parents at Trichy. Since the petitioner alone has to
take care of child and her old-aged parents, she finds it difficult to
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TR.C.M.P(MD).No.377 of 2022
travel from Trichy to Sivagangai. Hence, she filed the present Transfer
Civil Miscellaneous Petition to transfer the case in O.P.No.176 of 2022
from the file of the Family Court, Sivagangai, to the file of the Family
Court, Trichy.
3.The learned counsel appearing for the petitioner submits that
the distance between Trichy and Sivagangai is around 140 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 child and her parents
and there is no one to accompany her, she finds it difficult to travel
from Trichy to Sivagangai for appearing before the Family Court,
Sivagangai, for each and every hearing.
4. Heard the learned counsel appearing for the respondent.
5. The Hon'ble Apex Court in the case of Amitha Shah vs-
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TR.C.M.P(MD).No.377 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.176 of 2022
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TR.C.M.P(MD).No.377 of 2022
pending on the file of the Family Court, Sivagangai, is withdrawn and
ordered to be transferred to the file of the Family Court, Trichy. The
Family Court, Sivagangai, is directed to transmit the entire case records
to the Family Court, Trichy, forthwith. The learned Judge, Family
Court, Trichy, 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 Family Court,
Sivagangai.
2. The Family Court,
Trichy.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.377 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.377 of 2022
14.10.2022
https://www.mhc.tn.gov.in/judis
