Madras High Court
G.Veena vs R.S.Gopalakrishnan on 18 October, 2022
Tr.C.M.P(MD)No.217 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.217 of 2021
and
C.M.P(MD) No.4202 of 2021
G.Veena ... Petitioner
-Vs-
R.S.Gopalakrishnan ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw the case on the file of the learned
Additional Family Court, Coimbatore in HMOP No.834 of 2020 and
transfer the same to the Principal Sub Court at Pudukottai.
For Petitioner : Mr.D.Ramesh Kumar
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been
filed seeking transfer of the proceedings in H.M.O.P.No.834 of 2020
from the file of the Additional Family Court, Coimbatore to the
Principal Sub Court at Pudukottai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.217 of 2021
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent
was solemnized on 11.02.2018, as per Hindu Rites and Customs.
Out of the wedlock, they have blessed with a female baby on
17.01.2019. Subsequently, due to some difference of opinion, the
respondent filed H.M.O.P.No.834 of 2020, seeking divorce, before
the Additional Family Court, Coimbatore. Since the petitioner/wife
is a resident of Pudukkottai, she filed this present Transfer Civil
Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.
834 of 2020 from the file of the Additional Family Court,
Coimbatore to the Principal Sub Court at Pudukottai.
3.The learned counsel appearing for the petitioner
submits that the distance between Coimbatore and Pudukkottai is
240 kilometers and the petitioner is not having any means to travel
such a long distance and also there is no one to accompany her.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.217 of 2021
4.Though notice was ordered, there is no representation
for the respondent.
5.The Hon'ble Apex Court in the case of Amitha Shah
vs- Virendar Lal Shah, reported in (2003)10 SCC 609, has held that
the convenience of the wife and more particularly the child must be
taken into account while deciding the petition for transfer. Further,
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.
6.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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.217 of 2021
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
H.M.O.P.No.834 of 2020, on the file of the Additional Family
Court, Coimbatore is withdrawn and ordered to be transferred to the
file of the Principal Subordinate Court, Pudukkottai. The learned
Judge, Additional Family Court, Coimbatore is directed to transmit
the entire case records to the Principal Subordinate Court,
Pudukkottai forthwith and the learned Principal Subordinate Judge,
Pudukkottai, who in turn shall dispose of the same as expeditiously
as possible. No costs. Consequently, connected miscellaneous
petition is closed.
18.10.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Additional Family Court, Coimbatore.
2.The Principal Subordinate Court, Pudukkottai.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.217 of 2021
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.217 of 2021
and
C.M.P(MD) No.4202 of 2021
18.10.2022
https://www.mhc.tn.gov.in/judis
