Madras High Court
Bharathi vs Esakkimuthu on 19 September, 2022
TR.C.M.P(MD).No.301 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.301 of 2022
and C.M.P(MD).No.4965 of 2022
Bharathi ... Petitioner
versus
Esakkimuthu ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24
C.P.C. to withdraw the case in H.M.O.P.No.38 of 2020 on the file of
the Sub Court, Valliyur and transfer the same to the Additional
Principal Family Court, Coimbatore.
For Petitioner : M/s.Thomas Rajadurai
For Respondent : M/s.S.Palani Velayutham
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in H.M.O.P.No.38 of 2020 from the file of the Sub
Court, Valliyur, to the file of the Additional Principal Family Court,
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TR.C.M.P(MD).No.301 of 2022
Coimbatore.
2. The petitioner herein is the wife and the respondent herein is
the husband. The marriage between them was solemnized on
21.08.2015, as per the Hindu Rites and Customs and out of the
wedlock, they are blessed with a female child. The petitioner was
subjected to cruelty at the hands of her husband and in-laws and on
09.06.2017, she was driven out from the matrimonial home and now,
she and her child is living along with her parents. Since she is not
having any source of income, she filed a maintenance case in M.C.No.
118 of 2022 before the Additional Principal Family Court, Coimbatore
and the same is pending. Thereafter, the respondent filed
H.M.O.P.No.46 of 2018 seeking restitution of conjugal rights before
the Sub Court, Valliyur and the same was withdrawn on 07.03.2020.
Thereafter, he filed H.M.O.P.No.38 of 2020, before the Sub Court,
Valliyur, seeking divorce. It is the case of the petitioner that at the
initial stage of divorce proceedings, she was residing at Valliyur and
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TR.C.M.P(MD).No.301 of 2022
due to financial crisis, she moved along with her family to Coimbatore.
Since she is not having any source of income and she alone has to take
care of her child and her old-aged parents, she finds it difficult to travel
from Coimbatore to Valliyur. Hence, she filed the present Transfer
Civil Miscellaneous Petition to transfer the case in H.M.O.P.No.38 of
2020 from the file of the Sub Court, Valliyur, to the file of the
Additional Principal Family Court, Coimbatore.
3. The learned counsel appearing for the petitioner submits that
the distance between Coimbatore and Valliyur is around 405 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 child and her aged
parents and there is no one to accompany her, she finds it difficult to
travel from Coimbatore to Valliyur for appearing before the Sub Court,
Valliyur, for each and every hearing.
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TR.C.M.P(MD).No.301 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
allow the present petition.
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TR.C.M.P(MD).No.301 of 2022
7. In the light of the above, the Transfer Civil Miscellaneous
petition stands allowed. The proceedings in H.M.O.P.No.38 of 2020
pending on the file of the Sub Court, Valliyur, is withdrawn and
ordered to be transferred to the file of the Additional Principal Family
Court, Coimbatore. The Sub Court, Valliyur, is directed to transmit the
entire case records to the Additional Principal Family Court,
Coimbatore, forthwith. The learned Judge, Additional Principal Family
Court, Coimbatore, 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.301 of 2022
B.PUGALENDHI, J.
ogy
To
1. The Sub Court,
Valliyur.
2. The Additional Principal Family Court,
Coimbatore.
TR.C.M.P(MD).No.301 of 2022
19.09.2022
https://www.mhc.tn.gov.in/judis
