Madras High Court
C.Selvapriya vs Virendar on 19 September, 2022
TR.C.M.P(MD).No.433 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.433 of 2022
C.Selvapriya ... Petitioner
v.
T.Parthasarathy ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C
to withdraw the case in G.W.O.P.No.76 of 2021 on the file of the IV
Additional District Court, Tirunelveli and transfer the same to the Family
Court, Madurai to be jointly tried with the petition for restitution of conjugal
rights in H.M.O.P.No.441 of 2021 filed by the petitioner and divorce petition
in H.M.O.P.No.1317 of 2021 filed by the respondent.
For Petitioner : Mr.J.Barathan
For Respondent : Mr.V.Meenakshi Sundaram
1/6
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TR.C.M.P(MD).No.433 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in G.W.O.P.No.76 of 2021 from the file of the IV
Additional District Court, Tirunelveli to the file of the Family Court, Madurai
and to try the same along with the petition for restitution of conjugal rights in
H.M.O.P.No.441 of 2021 filed by the petitioner and divorce petition in
H.M.O.P.No.1317 of 2021 filed by the respondent.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
02.07.2014 and out of the wedlock, they are having a baby boy aged about
seven years. Due to some misunderstanding, they are living separately. The
petitioner has filed a petition in H.M.O.P.No.441 of 2021 before the Family
Court, Madurai, seeking restitution of conjugal rights and the respondent has
filed a petition in H.M.O.P.No.1317 of 2021 before the Family Court,
Madurai, seeking divorce. In the meantime, the respondent and his family
took custody of the minor boy and therefore, the petitioner has filed
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TR.C.M.P(MD).No.433 of 2022
G.W.O.P.No.76 of 2021 before the Additional District Court, Tirunelveli,
seeking custody of the minor child.
3. Learned Counsel for the petitioner submitted that since two
applications are already filed by both of the parties for restitution of conjugal
rights and for divorce and are pending before the Family Court, Madurai, the
petition in G.W.O.P.No.76 of 2021 may also be transferred to the file of the
Family Court, Madurai for trying along with the same. He further submitted
that the petition was originally filed before the Additional District Court,
Tirunelveli, for the reason that the minor boy was with the custody of the
respondent's parents at Agasthiarpatti, Tirunelveli. But, now the minor boy is
at Chennai along with the respondent. Therefore, he prayed for transferring
the case to Madurai, so that all the three petitions may be tried together.
4. Learned Counsel for the respondent has no serious objection in
transferring the application, however, prayed for a direction to the trial Court
for early disposal of the petitions.
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TR.C.M.P(MD).No.433 of 2022
5. The Hon'ble Apex Court in the case of Amitha Shah vs- Virendar
Lal Shah, reported in (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. 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 account that the ratio laid
down by the Hon'ble Apex Court in the judgments cited supra, is inclined to
allow the present petition.
7. In the light of the above, this transfer civil miscellaneous petition
stands allowed. The proceedings in G.W.O.P.No.76 of 2021 pending on the
file of the IV Additional District Court, Tirunelveli, is withdrawn and ordered
to be transferred to the file of the Family Court, Madurai. The learned Judge,
IV Additional District Court, Tirunelveli, is directed to transmit the entire
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TR.C.M.P(MD).No.433 of 2022
case records to the Family Court, Madurai, forthwith. The learned Judge,
Family Court, Madurai, shall try this petition along with the petition in
H.M.O.P.No.441 of 2021 filed by the petitioner for restitution of conjugal
rights and the petition in H.M.O.P.No.1317 of 2021 filed by the respondent
for divorce and shall endeavour to dispose of the same as expeditiously as
possible. No costs.
Index : Yes / No 19.09.2022
Internet: Yes / No
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To
1. The Family Court,
Madurai.
2. The IV Additional District Court,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.433 of 2022
B.PUGALENDHI, J.
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TR.C.M.P(MD).No.433 of 2022
19.09.2022
https://www.mhc.tn.gov.in/judis
