Madras High Court
G.Vairam vs S.Balamurugan on 19 September, 2022
TR.C.M.P(MD).No.354 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.354 of 2022
and
C.M.P(MD).No.6025 of 2022
G.Vairam ... Petitioner
versus
S.Balamurugan ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24
C.P.C. to withdraw the case in H.M.O.P.No.39 of 2022 pending on the
file of the learned Subordinate Judge, Thirumangalam, Madurai
District and transfer the same to the Family Court, Madurai.
For Petitioner : Mr.M.Karthikeyavenkitachalapathy
For Respondent : M/s.A.Banumathy
1/7
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TR.C.M.P(MD).No.354 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.39 of 2022 from the file of the
learned Subordinate Judge, Thirumangalam, to the file of the Family
Court, Madurai.
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 25.02.2018, as per the Hindu Rites and Customs
and out of the wedlock, a female child was born on 04.01.2019. Due
to some misunderstanding, now, they are living separately. Thereafter,
the petitioner filed H.M.O.P.No.121 of 2022 before the Family Court,
Madurai, seeking divorce. On receipt of the notice in the said petition,
the respondent, in order to harass the petitioner, has also filed
H.M.O.P.No.39 of 2022 before the Sub Court, Thirumangalam, seeking
divorce. Now, the petitioner and her child are living along with her
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TR.C.M.P(MD).No.354 of 2022
old-aged parents at Thirupuvanam, Sivagangai District. Since the
petitioner alone has to take care of her children and her old-aged
parents, she finds it difficult to travel from Sivagangai to
Thirumangalam. Hence, she filed the present Transfer Civil
Miscellaneous Petition to transfer the case in H.M.O.P.No.39 of 2022
from the file of the learned Subordinate Judge, Thirumangalam, to the
file of the the Family Court, Madurai.
3. The learned counsel appearing for the petitioner submits that
the distance between Sivagangai and Thirumangalam is around 65 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 and she alone has to take care of her child and her aged
parents. He further submits that she is facing life threat from her
husband and there is no one to accompany her, she finds it difficult to
travel from Sivagangai to Thirumangalam for appearing before the Sub
Court, Thirumangalam, for each and every hearing.
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TR.C.M.P(MD).No.354 of 2022
4. Heard the learned counsel appearing for the respondent.
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
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TR.C.M.P(MD).No.354 of 2022
allow the present petition.
7. In the light of the above, the Transfer Civil Miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.39 of 2022
pending on the file of the learned Subordinate Judge, Thirumangalam,
Madurai District, is withdrawn and ordered to be transferred to the file
of the Family Court, Madurai. The learned Subordinate Judge,
Thirumangalam, is directed to transmit the entire case records to the
Family Court, Madurai, forthwith. The learned Judge, Family Court,
Madurai, 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
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TR.C.M.P(MD).No.354 of 2022
To
1. The Sub Court,
Thirumangalam,
Madurai District.
2. The Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.354 of 2022
B.PUGALENDHI, J.
ogy
TR.C.M.P(MD).No.354 of 2022
19.09.2022
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