Madras High Court
Anu Priya vs K.Prakash on 6 September, 2022
Tr.C.M.P(MD)No.132 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.09.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.132 of 2022
and
C.M.P(MD) No.2543 of 2022
Anu Priya ... Petitioner
-Vs-
K.Prakash ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24
of C.P.C., to withdraw H.M.O.P.No.756 of 2021, on the file of the
Additional Family Court, Coimbatore and transfer the same to the
Principal Sub Court, Kumbakonam.
For Petitioner : Mr.G.Gomathi Sankar
For Respondent : Mr.G.Balaji
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in H.M.O.P.No.756 of 2021 from
the file of the Additional Family Court, Coimbatore to the Principal
Sub Court, Kumbakonam.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.132 of 2022
2.The petitioner is the wife and the respondent is the
husband. The marriage between the petitioner and the respondent was
solemnized on 20.01.2020, as per Hindu rites and customs.
Subsequently, due to some difference of opinion, they separated. The
husband filed H.M.O.P.No.756 of 2021 before the Additional Family
Court, Coimbatore, for divorce. Since the petitioner/wife is a resident
of Kumbakonam, she filed this present Transfer Civil Miscellaneous
Petition to transfer the proceedings in H.M.O.P.No.756 of 2021 from
the file of the Additional Family Court, Coimbatore to the Principal
Sub Court, Kumbakonam.
3.The learned counsel appearing for the petitioner submits
that the distance between Coimbatore and Kumbakonam is around
300kms and the petitioner is not having any means to travel such a
long distance and there is no one to accompany her.
4.The learned counsel appearing for the respondent objects
for transfer of the proceedings from the Additional Family Court,
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Tr.C.M.P(MD)No.132 of 2022
Coimbatore to the Principal Sub Court, Kumbakonam.
5.The Hon'ble Apex Court in the case of Amitha Shah vs-
Virendar Lal Shah, reported in (2003)10 SCC 609, has held that the
convenience of the wife and more particularly the child must be taken
into account while deciding the petition for transfer. Further, 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.
6.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.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.132 of 2022
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
H.M.O.P.No.756 of 2021, on the file of Additional Family court,
Coimbatore is withdrawn and ordered to be transferred to the
Principal Sub Court, Kumbakonam. The learned Judge, Additional
Family Court, Coimbatore is directed to transmit the entire case
records to the Principal Sub Court, Kumbakonam forthwith and the
learned Principal Subordinate Judge, Kumbakonam, who in turn shall
dispose of the same as expeditiously as possible. No costs.
Consequently, connected miscellaneous petition is closed.
06.09.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Additional Family Court, Coimbatore.
2.The Principal Sub Court, Kumbakonam.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.132 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.132 of 2022
06.09.2022
https://www.mhc.tn.gov.in/judis
