M.Abirami Devi vs M.Muthuraj
2022 Latest Caselaw 14999 Mad

                                                                                TR.C.M.P(MD)No.320 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.320 of 2022 and
                                                C.M.P(MD)No.5419 of 2022

                     M.Abirami Devi                                    ... Petitioner
                                                                 Vs

                     M.Muthuraj                                        ... Respondent

                                  Transfer      Civil    Miscellaneous    Petition         is     filed
                     under Section 24 of C.P.C, to withdraw HMOP.No.225 of
                     2022 on the file of the Sub Court, Poonamallee and
                     transfer the same to the Sub Court, Madurai.


                                  For    Petitioner: Mr.K.Lakshmi Gopinathan
                                   For Respondent: Mr.V.Sitharaman

                                                             ORDER

This Transfer Civil Miscellaneous Petition has

been filed seeking transfer of the case in HMOP.No.225

of 2022 from Sub Court, Poonamallee to Sub Court,

Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.320 of 2022

2.The marriage between the petitioner and the

respondent was solemnized on 11.09.2019. Now the

husband has filed a petition in HMOP.No.225 of 2022

seeking divorce before the Sub Court, Poonamallee.

Since the petitioner / wife is a resident of Madurai

District, she has filed this present Transfer Civil

Miscellaneous Petition to transfer the above

proceedings in to the Sub Court, Madurai, on the ground

that she is depending on her parents and since no one

is there to accompany her, she finds it difficult to

appear before Court by travelling to Ponnamallee.

3.The learned Counsel for the respondent has

raised his objection to the relief sought for by the

petitioner.

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

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.320 of 2022

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 proceedings in HMOP.No.225 of 2022

is withdrawn from the Sub Court, Poonamallee

and transferred to the Sub Court, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.320 of 2022

(ii) The learned Sub Judge, Poonamallee,

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 Sub Judge, Maudrai, 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

To

1.The Sub Judge, Poonamallee.

2.The Sub Judge, Madurai.

https://www.mhc.tn.gov.in/judis TR.C.M.P(MD)No.320 of 2022

B.PUGALENDHI, J.

dsk

TR.C.M.P(MD)No.320 of 2022

07.09.2022

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