Benazir vs A.Raheem
2022 Latest Caselaw 16999 Mad

                                                                            TR.C.M.P(MD)No.397 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.397 of 2022
                                                         and
                                               C.M.P(MD)No.6434 of 2022

                     Benazir                                              ... Petitioner

                                                               Vs

                     A.Raheem                                             ... Respondent

                                  Transfer    Civil    Miscellaneous      Petition      is    filed
                     under Section 24 of C.P.C, to withdraw the case in
                     O.S.No.38 of 2022 pending on the file of the Additional
                     Family          Court,    Coimbatore      and   transfer    the    same     the
                     Family Court, Madurai.
                                   For    Petitioner     : Mr.A.Abdul Kabur
                                   For Respondent        : No representation


                                                           ORDER

This Transfer Civil Miscellaneous Petition is

filed seeking transfer of the case in

O.S.No.38 of 2022 from the Additional Family Court,

Coimbatore to the Family Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.397 of 2022

2.The marriage between the petitioner and the

respondent was solemnized on 13.01.2019. There are

differences of opinion between them. Now the husband

has filed a petition in O.S.No.38 of 2022 seeking

divorce before the Additional Family Court, Coimbatore.

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 Coimbatore by travelling such a long distance.

3.Despite notice served and name printed, there is

no representation for the respondent.

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

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.397 of 2022

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 OS.No.38 of 2022 on the file

of the Additional Family Court, Coimbatore is

transferred to the Family Court, Madurai;

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.397 of 2022

(ii)The learned Judge, Additional 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,

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, Additional Family Court, Coimbatore.

2.The Judge, Family Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.397 of 2022

B.PUGALENDHI, J.

dsk

TR.C.M.P(MD)No.397 of 2022

28.10.2022

https://www.mhc.tn.gov.in/judis