Madras High Court
P.Anu vs Nagarajan on 17 October, 2022
TR.C.M.P(MD)No.358 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.358 of 2022
and
C.M.P(MD)No.6041 of 2022
P.Anu ... Petitioner
Vs
Nagarajan ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
HMOP.No.30 of 2022 on the file of the Sub-Court, Melur
Madurai District and to transfer the same to the Family
Court, Ootacamund, Nilgiris district.
For Petitioner : Mr.G.Kannan
For Respondent : Mr.V.Karuppaiah
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking transfer of the petition in
HMOP.No.30 of 2022 from the Sub Court, Melur to Family
Court, Ootacamund.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.358 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 20.08.2008. Due to
difference of opinion between them, she has filed a
case in HMOP.No.7 of 22 seeking divorce before the
Family Court, Ootacamund and the husband filed a case
in HMOP.No.30 of 2022 seeking restitution of conjugal
rights before the Sub Court, Melur.
Since the petitioner / wife is a resident of Nilgiris
District, she has filed this present Transfer Civil
Miscellaneous Petition to transfer the above
proceedings from Sub Court, Melur to the Family Court
Ootacamund on the ground that she is having two
children 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
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.358 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:
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.358 of 2022
(i)The case in HMOP.No.30 of 2022
from Sub Court, Melur is transferred to
Family Court, Ootacamund;
(ii)The learned Sub Judge, Melur 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, Ootacamund, 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 Sub Judge,
Melur.
2.The Judge,
Family Court,
Ootacamund.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.358 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.358 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
