Madras High Court
Pommeeswari vs Jothimanikantan on 28 October, 2022
TR.C.M.P(MD)No.179 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.179 of 2022
and
C.M.P(MD)No.3184 of 2022
Pommeeswari ... Petitioner
Vs
Jothimanikantan ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw and transfer the
proceedings in HMOP.No.4 of 2019 on the file of the
Principal Court, Dindigul to the file of the Sub Court,
Uthamapalayam to try along with OP.No.143 of 2019
pending on the file of the Sub Court, Uthamapalayam.
For Petitioner : Mr.G.Vanjinathan
For Respondent : Mr.R.Kumar
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.4 of 2019
from the Principal Sub Court, Dindigul to the
Sub Court, Uthamapalayam.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.179 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 09.11.2017.
There are differences of opinion between them.
Now the husband has filed a petition in
HMOP.No.4 of 2009 seeking divorce before the
Principal Sub Court, Dindigul. Since the petitioner /
wife is a resident of Theni district, she has filed
this present Transfer Civil Miscellaneous Petition to
transfer the above proceedings to Sub Court,
Uthamapalayam and to try it along with OP.No.143 of
2019, which is filed by her for restitution of conjugal
rights, before the Sub Court, Uthamapalayam 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 Dindigul by travelling such a
long distance.
3.The learned Counsel for the respondent opposed
this petition.
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TR.C.M.P(MD)No.179 of 2022
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
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:
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TR.C.M.P(MD)No.179 of 2022
(i)The case in HMOP No.4 of 2019 on the
file of the Principal Sub Court, Dindigul is
transferred to the Sub Court, Uthamapalayam;
(ii)The learned Principal Sub Judge,
Dindigul 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 Sub Judge, Uthamapalayam, who in
turn, on receipt of the case, shall try it
along with OP.No.143 of 2019 and 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 Principal Sub Judge,
Dindigul.
2.The Sub Judge,
Uthamapalayam.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.179 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.179 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
