Madras High Court
Shanmuga Sundari vs Prabakar on 17 October, 2022
TR.C.M.P(MD)No.394 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.394 of 2022
and
C.M.P(MD)No.6430 of 2022
Shanmuga Sundari ... Petitioner
Vs
Prabakar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw and transfer
HMOP.No.49 of 2022 from the file of the Family Court,
Karur to the file of the Sub Court, Kulithalai,
Karur District.
For Petitioner : Mr.RM.Sivakumar
For Respondent : Mr.V.Nagarajan
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.49 of
2022 from Family Court, Karur to
Sub Court, Kulithalai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.394 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 21.08.2015.
There are differences of opinion between them. Now the
husband has filed a petition in HMOP.No.49 of 2022
seeking divorce before the Family Court, Karur.
Since the petitioner / wife is residing in Kulithalai,
she has filed this present Transfer Civil Miscellaneous
Petition to transfer the above proceedings to
Sub Court, Kulithalai on the ground that she is having
a female child of tender age, she has also filed a
petition in DVC.No.10 of 2019 before the learned
Judicial Magistrate No.II, Kulithalai and she finds it
difficult to appear before Court by travelling such a
long distance.
3.The learned Counsel for the respondent raised
his objection that the distance is not so long to
travel.
4.The Hon'ble Apex Court in the case of
Amitha Shah vs- Virendar Lal Shah, reported
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.394 of 2022
(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.
6.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
(i)The case in HMOP No.49 of 2022 on the
file of the Family Court, Karur is transferred
to the Sub Court, Kulithalai;
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.394 of 2022
(ii)The learned Judge, Family Court, Karur
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, Kulithalai,
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
To
1.The Judge,
Family Court,
Karur.
2.The Sub Judge,
Kulithalai.
B.PUGALENDHI, J.
dsk
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.394 of 2022
TR.C.M.P(MD)No.394 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
