Madras High Court
Durga vs Devakumar on 17 October, 2022
TR.C.M.P(MD)No.355 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.355 of 2022
and
C.M.P(MD)No.6026 of 2022
Durga ... Petitioner
Vs
Devakumar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw O.P.No.550 of
2022 from the file of the Family Court, Theni and
transfer the same to the file of the Family Court,
Karur.
For Petitioner : Mr.P.Samuel Gunasingh
For Respondent : Mr.M.Maran
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in
O.P.No.550 of 2022 from Family Court, Theni to
Family Court, Karur.
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TR.C.M.P(MD)No.355 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 20.08.2008. Due to
difference of opinion between them, the husband has
filed a petition in O.P.No.550 of 2022 seeking divorce
before the Family Court, Theni. Since the petitioner /
wife is a resident of Karur District, she has filed
this present Transfer Civil Miscellaneous Petition to
transfer the above proceedings from Family Court, Theni
to Family Court, Karur, 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.
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
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TR.C.M.P(MD)No.355 of 2022
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 O.P.No.550 of 2022
from Family Court, Theni is transferred to
Family Court, Karur;
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TR.C.M.P(MD)No.355 of 2022
(ii)The learned Judge, Family Court, Theni
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 Judge, Family Court, Karur, 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,
Theni.
2.The Judge,
Family Court,
Karur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.355 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.355 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
