Madras High Court
Merlin Pabitha vs Arunandhu Britto on 7 September, 2022
TR.C.M.P(MD)No.423 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD)No.423 of 2022 and
C.M.P(MD)No.6928 of 2022
Merlin Pabitha ... Petitioner
Vs
Arunandhu Britto ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to pass an order of
withdrawal of IDOP.No.77 of 2022 pending on the file of
the Family Court, Sivagangai, Sivagangai District and
transfer the same to the file of the District Court,
Ramanthapuram, Ramanathapuram District.
For Petitioner : Mr.K.Saravanan
For Respondent : Mr.D.Balamurugapandi
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking transfer of the case in DOP.No.77 of
2022 from Family Court, Sivagangai to
District Court, Ramanathapuram.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.423 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 01.09.2013. Now the
husband has filed a petition in IDOP.No.77 of 2022
seeking for restitution of conjugal rights before the
Family Court, Sivagangai. The petitioner has filed a
petition in IDOP.No.57 of 2021 before the
District Court, Ramanathapuram seeking dissolution of
marriage. Since the petitioner / wife is a resident of
Ramanathapuram District, she has filed this present
Transfer Civil Miscellaneous Petition to transfer the
above proceedings in IDOP.No.77 of 2022 from the Family
Court, Sivagangai to the District Court,
Ramanathapuram, on the grounds that she is depending on
her parents, she is having a child of tender age and
recently she met with an accident and since no one is
there to accompany her, she finds it difficult to
appear before Court by travelling to Sivagangai.
3.The learned Counsel for the respondent has
raised his objection to the relief sought for by the
petitioner.
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TR.C.M.P(MD)No.423 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.
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TR.C.M.P(MD)No.423 of 2022
6.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
(i)The proceedings in IDOP.No.77 of 2022
is withdrawn from the Family Court, Sivagangai
and transferred to the District Court,
Ramanathapuram.
(ii)The learned Judge, Family Court,
Sivagangai 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 District Judge, Family Court,
Ramanathapuram, 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.
07.09.2022
Index: Yes/No
dsk
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.423 of 2022
To
1.The Judge,
Family Court,
Sivagangai.
2.The District Judge,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.423 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.423 of 2022
07.09.2022
https://www.mhc.tn.gov.in/judis
