Madras High Court
D.Kokila vs L.Narendra Kumaran on 28 October, 2022
TR.C.M.P(MD)No.534 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.534 of 2022
and
C.M.P(MD)No.8432 of 2022
D.Kokila ... Petitioner
Vs
L.Narendra Kumaran ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
HMOP.No.91 of 2022 from the file of the Principal Sub
Court, Srivilliputhur and transfer the same to the
Family Court, Madurai.
For Petitioner : Mr.R.Velmurugan
For Respondent : Mr.V.C.Sankaranarayanan
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in
HMOP.No.91 of 2022 from the
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TR.C.M.P(MD)No.534 of 2022
Principal Sub Court, Srivilliputhur to the Family
Court, Madurai.
2.The marriage between the petitioner and the
respondent was solemnized on 24.02.2019. There are
differences of opinion between them. Now the husband
has filed a petition in HMOP.No.91 of 2022 seeking
restitution of conjugal rights before the Principal
Sub-Court, Srivilliputhur. 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, she is having a child of tender age, no one is
there to accompany her and therefore she finds it
difficult to appear before Court at Srivilliputhur by
travelling such a long distance.
3.The learned Counsel for the respondent has no
objection for allowing this petition.
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TR.C.M.P(MD)No.534 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
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TR.C.M.P(MD)No.534 of 2022
following directions:
(i)The case in HMOP No.91 of 2022 on the
file of the Principal Sub Court, Srivilliputhur
is transferred to the Family Court, Madurai;
(ii)The learned Principal Sub Judge,
Srivilliputhur 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,
Madurai.
2.The Principal Sub Judge,
Srivilliputhur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.534 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.534 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
