Madras High Court
Deebiga vs J.Balasubramani on 28 October, 2022
TR.C.M.P(MD)No.509 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.509 of 2022
and
C.M.P(MD)No.8009 of 2022
Deebiga ... Petitioner
Vs
J.Balasubramani ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw HMOP.No.202 of
2020 from the Principal Sub Court, Trichy and transfer
the same to the Family Court, Madurai.
For Petitioner : Mr.K.Sathish Kumar
For Respondent : Mr.M.Kannan
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in
HMOP.No.202 of 2020 from Principal Sub-Court, Trichy to
Family Court, Madurai.
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TR.C.M.P(MD)No.509 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 11.02.2018.
There are differences of opinion between them.
The respondent has filed a petition in
HMOP.No.202 of 2020 seeking divorce before
Principal Sub-Court, Trichy. The petitioner 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 and also residing in Madurai.
Since she has no means and she is also having a child
of tender age. Therefore she finds it difficult to
appear before the Court at Trichy.
3.The respondent has opposed this transfer civil
miscellaneous 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.509 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.202 of 2020 on the
file of the Principal Sub-Court, Trichy is
transferred to the Family Court, Madurai;
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TR.C.M.P(MD)No.509 of 2022
(ii)The learned Principal Sub Judge, Trichy
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 Principal Sub Judge,
Trichy.
2.The Judge,
Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.509 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.509 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
