Madras High Court
M.Indhumathi vs N.Anandh on 19 September, 2022
TR.C.M.P(MD).No.279 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.279 of 2022
and
C.M.P(MD).No.4728 of 2022
M.Indhumathi ... Petitioner
versus
N.Anandh ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24
C.P.C. to withdraw the case in I.D.O.P.No.32 of 2022 from the file of
the Principal District Court, Pudukottai and transfer the same to the
Family Court, Sivagangai, or any other competent court in Sivagangai
within the time stipulated by this Court.
For Petitioner : Mr.S.Malaikani
For Respondent : Mr.V.Sukumar
1/6
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TR.C.M.P(MD).No.279 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in I.D.O.P.No.32 of 2022 from the file of the
Principal District Court, Pudukottai, to the file of the Family Court,
Sivagangai.
2. The petitioner herein is the wife and the respondent herein is
the husband. The marriage between the petitioner and the respondent
was solemnized on 17.09.2015, as per the Christian Rites and Customs
and out of the wedlock, they are blessed with two children. Due to
some misunderstanding, now, they are living separately. Thereafter,
the respondent filed I.D.O.P.No.32 of 2022 before the Principal District
Court, Pudukottai, for divorce. The petitioner has also filed
I.D.O.P.No.43 of 2022 before the Family Court, Sivagangai, for
restitution of conjugal rights. Now, the petitioner and her children are
living along with her old-aged parents at Salaigramam. Since the
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TR.C.M.P(MD).No.279 of 2022
petitioner alone has to take care of her children and her old-aged
parents, she finds it difficult to travel from Salaigramam to Pudukottai.
Hence, she filed the present Transfer Civil Miscellaneous Petition to
transfer the case in I.D.O.P.No.32 of 2022 from the file of the Principal
District Court, Pudukottai, to the file of the Family Court, Sivagangai.
3. The learned counsel appearing for the petitioner submits that
the distance between Salaigramam and Pudukottai is around 104 kms.
He further submits that the petitioner is not having sufficient means to
travel and she depends upon her parents to meet out her day-to-day
expenses. Since she alone has to take care of her children and her aged
parents and there is no one to accompany her, she finds it difficult to
travel from Salaigramam to Pudukottai for appearing before the
Principal District Court, Pudukottai, for each and every hearing.
4. Heard the learned counsel appearing for the respondent.
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TR.C.M.P(MD).No.279 of 2022
5. 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.
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, the Transfer Civil Miscellaneous
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TR.C.M.P(MD).No.279 of 2022
petition stands allowed. The proceedings in I.D.O.P.No.32 of 2022
pending on the file of the Principal District Court, Pudukottai, is
withdrawn and ordered to be transferred to the file of the Family Court,
Sivagangai. The Principal District Court, Pudukottai, is directed to
transmit the entire case records to the Family Court, Sivagangai,
forthwith. The learned Judge, Family Court, Sivagangai, shall dispose
of the case as expeditiously as possible. No costs. Consequently,
connected miscellaneous petition is closed.
19.09.2022
Index : Yes / No
Internet: Yes / No
ogy
To
1. The Principal District Court,
Pudukottai.
2. The Family Court,
Sivagangai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.279 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.279 of 2022
19.09.2022
https://www.mhc.tn.gov.in/judis
