Madras High Court
Anjali Kannan @ Vishnanjali vs Manikandan on 28 October, 2022
TR.C.M.P(MD)No.304 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.304 of 2022
and
C.M.P(MD)No.5090 of 2022
Anjali Kannan @ Vishnanjali
... Petitioner
Vs
Manikandan ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
HMOP.No.817 of 2022 on the file of the Family Court,
Coimbatore and transfer the same to the file of the
Family Court, Ramanathapuram
For Petitioner : Mr.D.Balamurugapandi
For Respondent : Mr.A.Arun Prasad
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.817 of
2022 from Family Court, Coimbatore to Family Court,
Ramanathapuram.
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TR.C.M.P(MD)No.304 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 01.11.2017.
There are differences of opinion between them. Now the
husband has filed a petition in HMOP.No.817 of 2021
seeking divorce before the Family Court, Coimbatore
Since the petitioner / wife is a resident of
Ramanathapuram district, she has filed this present
Transfer Civil Miscellaneous Petition to transfer the
above proceedings to Family Court, Ramanathapuram on
the ground that she is depending upon her aged parents,
she is having a female child of tender age, no one is
there to accompany her and therefore she finds it
difficult to appear before Court at Coimbatore 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
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TR.C.M.P(MD)No.304 of 2022
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:
(i)The case in HMOP No.817 of 2022 on the
file of the Family Court, Coimbatore is
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TR.C.M.P(MD)No.304 of 2022
transferred to the Family Court,
Ramanathapuram;
(ii)The learned Judge, Family Court,
Coimbatore 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,
Ramanathapuram, 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.
28.10.2022
Index: Yes/No
To
1.The Judge,
Family Court,
Coimbatore.
2.The Judge,
Family Court,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.304 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.304 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
