Madras High Court
C.Umamaheswari vs Unknown on 19 September, 2022
TR.C.M.P(MD).Nos.298 to 300 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).Nos.298 to 300 of 2021
and
C.M.P(MD).Nos.6327, 6330, 6331 of 2021
C.Umamaheswari ... Petitioner in all petitions
v.
S.R.Jayaganesh ... Respondent in all petitions
COMMON PRAYER: Transfer Civil Miscellaneous Petitions filed under
Section 24 of C.P.C to withdraw the cases in HMOP.No.581 of 2019,
GWOP.No.698 of 2019 & HMOP.No.634 of 2019, respectively, on the file of
the Family Court, Madurai and transfer the same to the Family Court,
Thanjavur.
For Petitioner : Mr.M.Rajaguru
For Respondent : Mr.J.Sanjay Vignesh
[In all petitions]
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
ORDER
These Transfer Civil Miscellaneous Petitions have been filed seeking
transfer of the cases in HMOP.Nos.581, 634 of 2019 & GWOP.No.698 of
2019, from the file of the Family Court, Madurai to the file of the Family
Court, Thanjavur.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
28.10.2012 and out of the wedlock, they are having a baby boy aged about
nine years. Due to some misunderstanding, they are living separately. The
petitioner is residing at Thanjavur along with the minor child and she has
filed a petition in HMOP.No.581 of 2019 before the Family Court, Madurai,
seeking dissolution of marriage. After the filing of the petition for divorce,
the respondent / husband has filed HMOP.No.634 of 2019 seeking restitution
of conjugal rights and GWOP.No.698 of 2019 seeking custody of the minor
child, before the Family Court, Madurai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
3. Learned Counsel for the petitioner submitted that the petitioner is
working as a Lecturer in SASTRA University, Thanjavur and she is taking
care of her minor child. Therefore, it is very difficult for her to appear before
the Court at Madurai for each and every hearing and as such, he prayed for
transferring all the petitions to the Court at Thanjavur.
4. Learned Counsel for the respondent submitted that the petitioner is
working as a Lecturer and as such, it is not that she is not having any means
to travel from Thanjavur to Madurai. In fact, it is the petitioner who has filed
HMOP.No.581 of 2019 for divorce before the Family Court at Madurai. She
contested the case before the Court at Madurai, all along, from the year 2019
and without any reasons, she has filed the present petitions to transfer all the
three applications to the Court at Thanjavur. He has also relied upon the
decision of the Hon'ble Apex Court in Usha George v. Koshy George,
reported in 2000 (10) SCC 95, that when the Family Court has already seized
of the matter over a long period and a number of hearing had already taken
place, it is not proper to transfer the proceedings to some other Court at that
stage.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
5. Though the petitions are pending before the Family Court at Madurai
from the year 2019, it does not appear that the proceedings are at the verge.
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 the petitions 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 petitions.
7. In the light of the above, these transfer civil miscellaneous petitions
stand allowed. The proceedings in HMOP.Nos.581, 634 of 2019 &
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
GWOP.No.698 of 2019, pending on the file of the Family Court, Madurai are
withdrawn and ordered to be transferred to the file of the Family Court,
Thanjavur. The learned Judge, Family Court, Madurai, is directed to transmit
the entire case records to the Family Court, Thanjavur, forthwith. The learned
Judge, Family Court, Thanjavur, shall try all the petitions together and shall
endeavour to dispose of the same as expeditiously as possible, preferably
within a period of six months from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petitions stand closed.
Index : Yes / No 19.09.2022
Internet: Yes / No
gk
To
1. The Family Court,
Madurai.
2. The Family Court,
Thanjavur.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).Nos.298 to 300 of 2021
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).Nos.298 to 300 of 2021
19.09.2022
https://www.mhc.tn.gov.in/judis
