Madras High Court
K.Nandhini vs Virendar on 23 September, 2022
TR.C.M.P(MD).No.460 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.460 of 2022
and
C.M.P(MD).No.7483 of 2022
K.Nandhini ... Petitioner
v.
J.Vigneshwaran ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C
to withdraw the case in OP.No.2493 of 2022 on the file of the IV Additional
Family Court, Chennai and transfer the same to the Family Court, Madurai.
For Petitioner : Mr.F.X.Eugene
For Respondent : Mr.A.Mithun Chakravarthi
1/6
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TR.C.M.P(MD).No.460 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in OP.No.2493 of 2022 from the file of the IV Additional
Family Court, Chennai to the file of the Family Court, Madurai.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
01.12.2019 and out of the wedlock, they are having a male child. Due to some
misunderstanding, now, they are living separately and the respondent has
filed OP.No.2493 of 2022 before the IV Additional Family Court, Chennai,
seeking divorce. The petitioner is residing at Madurai in her parental house.
Since the petitioner is not having sufficient means to travel and meet out her
day-to-day expenses, she finds it difficult to travel from Madurai to Chennai.
Therefore, she filed the present Transfer Civil Miscellaneous Petition to
transfer the case in OP.No.2493 of 2022 from the file of the IV Additional
Family Court, Chennai, to the file of the Family Court, Madurai.
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TR.C.M.P(MD).No.460 of 2022
3. The learned counsel appearing for the petitioner submits that the
respondent is not even providing any maintenance to the petitioner. He
further submits that the petitioner is not having sufficient means to travel and
meet out her day-to-day expenses and there is no one to accompany her.
Therefore, she finds it difficult to travel and appear before the IV Additional
Family Court, Chennai, for each and every hearing.
4. Learned Counsel for the respondent strongly objected for transferring
the petition from the Court at Chennai to the Court at Madurai.
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.
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TR.C.M.P(MD).No.460 of 2022
6. Though the learned Counsel for the respondent strongly objected for
the transfer, this Court being satisfied with the reasons stated in the affidavit
filed in support of this petition and also taking into account that the
convenience of wife is to be taken into consideration at the time of
considering transfer petitions as held 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 OP.No.2493 of 2022 pending on the file
of the IV Additional Family Court, Chennai, is withdrawn and ordered to be
transferred to the file of the Family Court, Madurai. The learned Judge, IV
Additional Family Court, Chennai, is directed to transmit the entire case
records to the Family Court, Madurai, forthwith. The learned Judge, Family
Court, Madurai, shall dispose of the same as expeditiously as possible. No
costs. Consequently, connected miscellaneous petition is closed.
Index : Yes / No 23.09.2022
Internet: Yes / No
gk
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.460 of 2022
To
1. The Family Court,
Madurai.
2. The IV Additional Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.460 of 2022
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).No.460 of 2022
23.09.2022
https://www.mhc.tn.gov.in/judis
