Madras High Court
Varsha Priyadarshini vs Vijaya Rahul on 7 September, 2022
TR.C.M.P(MD)No.431 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.431 of 2022 and
C.M.P(MD)No.7063 of 2022
Varsha Priyadarshini ... Petitioner
Vs
Vijaya Rahul ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw the case in
HMOP.No.224 of 2022 on the file of the Family Court,
Tirunelveli and to transfer the same to the Sub Court,
Sankarankoil.
For Petitioner : Mr.K.Jeyamohan
For Respondent : No representation
ORDER
This Transfer Civil Miscellaneous Petition has
been filed seeking transfer of the case in HMOP.No.224
of 2022 from Family Court, Tirunelveli to Sub Court,
Sankarankoil.
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TR.C.M.P(MD)No.431 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 15.03.2021.
Now the husband has filed a petition in HMOP.No.224 of
2022 seeking for divorce before the Family Court,
Tirunelveli. Since the petitioner / wife is a resident
of Sankarankoil taluk, she has filed this present
Transfer Civil Miscellaneous Petition to transfer the
above proceedings to the Sub Court, Sankarankoil,
on the ground that she is depending on her parents,
she is having a child of tender age and since no one is
there to accompany her, she finds it difficult to
appear before Court by travelling to Tirunelvli.
3.Though the respondent is served and his name
being printed in the cause list there is no
representation.
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
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TR.C.M.P(MD)No.431 of 2022
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.
6.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
(i)The proceedings in HMOP.No.224 of 2022
is withdrawn from the Family Court, Tirunelveli
and transferred to the Sub Court, Sankarankoil.
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TR.C.M.P(MD)No.431 of 2022
(ii)The learned Judge, Family Court,
Tirunelveli 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, Sankarankoil, 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 Judge,
Family Court,
Tirunelveli.
2.The Sub Judge,
Sankarankoil.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD)No.431 of 2022
B.PUGALENDHI, J.
dsk
TR.C.M.P(MD)No.431 of 2022
07.09.2022
https://www.mhc.tn.gov.in/judis
