Madras High Court
Santhiya vs Amal Arockiya Das on 6 September, 2022
Tr.C.M.P(MD)No.402 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.402 of 2022
and
C.M.P(MD) No.6597 of 2022
Santhiya ... Petitioner
-Vs-
Amal Arockiya Das ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24
of C.P.C., to withdraw the proceedings in I.D.O.P.No.52 of 2022, on
the file of the learned Principal District Judge, Pudukottai and transfer
the same to the file of the learned Principal District Judge, Sivagangai.
For Petitioner : Mr.G.Sathish
For Respondent : No appearance
ORDER
This Transfer Civil Miscellaneous Petition has been filed
seeking transfer of the proceedings in I.D.O.P.No.52 of 2022 from the
file of the Principal District Court, Pudukottai to the Principal District
Court, Sivagangai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.402 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 20.11.2020. Subsequently, due to some difference of
opinion, they separated. The husband filed I.D.O.P.No.52 of 2022
before the Principal District Court, Pudukottai, for Restitution of
Conjugal Rights. Since the petitioner/wife is a resident of Sivagangai,
she filed this present Transfer Civil Miscellaneous Petition to transfer
the proceedings in I.D.O.P.No.52 of 2022, from the file of the
Principal District Court, Pudukottai to the Principal District Court,
Sivagangai.
3.The learned counsel appearing for the petitioner submits
that the distance between Pudukottai and Sivagangai is around 90kms
and the petitioner is finding it very difficult to travel such a long
distance and there is no one to accompany her.
4.Though notice served upon the respondent, there is no
representation for him.
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Tr.C.M.P(MD)No.402 of 2022
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.
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed. The proceedings in
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.402 of 2022
I.D.O.P.No.52 of 2022, on the file of Principal District Court,
Pudukottai is withdrawn and ordered to be transferred to the Principal
District Court, Sivagangai. The learned Principal District Judge,
Pudukottai is directed to transmit the entire case records to the
Principal District Judge, Sivagangai forthwith and the learned
Principal District Judge, Sivagangai, 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 Principal District Court, Pudukottai.
2.The Principal District Court, Sivagangai.
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.402 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.402 of 2022
06.09.2022
https://www.mhc.tn.gov.in/judis
