Madras High Court
Swetha vs V.K.Vijayakumar on 28 October, 2022
TR.C.M.P(MD)No.351 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.351 of 2022
and
C.M.P(MD)No.6007 of 2022
Swetha ... Petitioner
Vs
1.V.K.Vijayakumar
2.Sathishkumar ... Respondents
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw HMOP.No.4 of
2002 from Family Court, Thanjavur and transfer the same
to Family Court, Madurai.
For Petitioner : Mr.A.Nawzkhan
For Respondent : Mr.N.Tamilmani
No.1
For Respondent : No representation
No.2
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.4 of 2002
from Family Court, Thanjavur to Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.351 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 20.11.2020.
There are differences of opinion between them.
Now the husband has filed a petition in HMOP.No.4 of
2022 seeking divorce before the Family Court,
Thanjavur. 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 depending upon her aged parents, no one is there
to accompany her and therefore she finds it difficult
to appear before Court at Thanjavur by travelling such
a long distance.
3.The learned Counsel for the respondent has
raised objection for allowing 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
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TR.C.M.P(MD)No.351 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.4 of 2022 on the
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.351 of 2022
file of the Family Court, Thanjavur is
transferred to the Family Court, Madurai;
(ii)The learned Judge, Family Court,
Thanjavur 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.
28.10.2022
Index: Yes/No
To
1.The Judge,
Family Court,
Thanjavur.
2.The Judge,
Family Court,
Madurai.
B.PUGALENDHI, J.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.351 of 2022
dsk
TR.C.M.P(MD)No.351 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
