Madras High Court
S.Muthulakshmi vs M.Kannarajan on 17 October, 2022
TR.C.M.P(MD)No.343 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.343 of 2022
and
C.M.P(MD)No.5806 of 2022
S.Muthulakshmi ... Petitioner
Vs
M.Kannarajan ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
HMOP.No.10 of 2002 on the file of the Family Court,
Coimbatore and transfer the same to the Family Court,
Tenkasi.
For Petitioner : Mr.R.Ramachandran
For Respondent : Mr.M.Pooniah
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP No.10 of
2022 from Family Court, Coimbatore to Family Court,
Tenkasi.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.343 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 02.07.2009.
Due to difference of opinion between them, the husband
has filed a petition in HMOP.No.10 of 2022 seeking
divorce before the Family Court, Coimbatore. Since the
petitioner / wife is a resident of Tenkasi District,
she has filed this present Transfer Civil Miscellaneous
Petition to transfer the above proceedings from
Family Court, Coimbatore to Family Court, Tenkasi,
on the ground that she is depending on her aged
parents, she is having a female child of tender age and
she finds it difficult to appear before Court by
travelling such a long distance.
3.The learned Counsel for the respondent opposed
this petition that that above HMOP is ripe for trial
and this petition is filed only to drag on the
proceedings and there is no direct transport to Tenkasi
from Coimbatore and therefore, requested to transfer
the case to Tirunelveli.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.343 of 2022
4.The Hon'ble Apex Court in the case of
Amitha Shah vs- 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.
5.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.
Though the petitioner sought to transfer the case to
Family Court, Tenkasi, this Court transfers the same to
the Sub Court, Tenkasi.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.343 of 2022
6.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
(i)The case in HMOP No.10 of 2022 on the
file of the Family Court, Coimbatore
is transferred to the Sub Court, Tenkasi;
(ii)The learned Judge, Family Court,
Coimbatore is directed to send the above case
records within a period of fifteen days from
the date of receipt of a copy of this order to
the learned Sub Judge, Tenkasi, who in turn,
on receipt of the case, shall dispose of the
same as expeditiously as possible.
No costs. Consequently, connected miscellaneous
petition stands closed.
17.10.2022
Index: Yes/No
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.343 of 2022
To
1.The Judge,
Family Court,
Coimbatore.
2.The Judge,
Sub Court,
Tenkasi.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.343 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.343 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
