Madras High Court
Aparna vs S.Arunpandiyan on 17 October, 2022
TR.C.M.P(MD)No.221 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.221 of 2022
and
C.M.P(MD)No.3886 of 2022
Aparna ... Petitioner
Vs
S.Arunpandiyan ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw and transfer
HMOP.No.367 of 2021 on the file of the Family Court,
Tiruppur and to transfer the said case to Family Court,
Madurai.
For Petitioner : Mr.R.Suriyanarayanan
For Respondent : Mr.S.Sankar
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in
HMOP.No.367 of 2021 from Family Court, Tiruppur to
Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.221 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 02.12.2018. Due to
difference of opinion between them, the husband has
filed a petition in HMOP.No.367 of 2021 seeking divorce
before the Family Court, Tiruppur. Since the petitioner
/ wife is a resident of Madurai District, she has filed
this present Transfer Civil Miscellaneous Petition to
transfer the above proceedings to Family Court,
Madurai, on the ground that she is having a female
child of tender age, she is having health issues 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
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.221 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 HMOP.No.367 of 2021 on the
file of the Family Court, Tiruppur is
transferred to Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.221 of 2022
(ii)The learned Judge, Family Court,
Tiruppur 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, Madurai,
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,
Tiruppur.
2.The Judge,
Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.221 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.221 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
