Madras High Court
Thamaraiselvi vs Boopalan on 17 October, 2022
TR.C.M.P(MD)No.378 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.378 of 2022
and
C.M.P(MD)No.6230 of 2022
Thamaraiselvi ... Petitioner
Vs
Boopalan ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw and transfer the
petition in HMOP.No.117 of 2021 pending before the
Sub Court, Dharapuram to the Family Court, Thanjavur.
For Petitioner : Mr.P.Edin Brough
For Respondent : Mr.C.Godwin
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.117 of
2021 from Sub Court, Dharapuram to
Family Court, Thanjavur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.378 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 12.09.2018.
There are differences of opinion between them. Now the
husband has filed a petition in HMOP.No.117 of 2021
seeking divorce before the Sub Court, Dharapuram.
Since the petitioner / wife is a resident of Thanjavur,
she has filed this present Transfer Civil Miscellaneous
Petition to transfer the above proceedings to
Family Court, Thanjavur on the ground that she is
depending upon her aged parents and no one is there to
accompany 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 raised
his objection.
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.378 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.117 of 2021 on the
file of the Sub Court, Dharapuram is
transferred to the Family Court, Thanjavur;
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TR.C.M.P(MD)No.378 of 2022
(ii)The learned Sub Judge, Dharapuram 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, Thanjavur,
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,
Dharapuram.
2.The Judge,
Family Court,
Thanjavur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.378 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.378 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
