Madras High Court
S.Joys vs Unknown on 23 September, 2022
TR.C.M.P(MD).No.470 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.470 of 2022
and
C.M.P(MD).No.7657 of 2022
S.Joys ... Petitioner
v.
Y.Charles ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C
to withdraw the case in IDOP.No.39 of 2022 on the file of the District Court,
Pudukottai and transfer the same to the Family Court, Tiruchirappalli.
For Petitioner : Ms.T.Banumathy
For Respondent : Mr.R.Ganapathi Subramanian
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.470 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in IDOP.No.39 of 2022 from the file of the District Court,
Pudukottai to the file of the Family Court, Tiruchirappalli.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
24.11.2020. Due to some misunderstanding, now, they are living separately
and the petitioner has filed a petition in MC.No.81 of 2021 before the Chief
Judicial Magistrate, Trichy, claiming maintenance. The respondent has
thereafter filed IDOP.No.39 of 2022 before the District Court, Pudukottai,
seeking restitution of conjugal rights. The petitioner is residing at Trichy 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 Trichy to Pudukottai. Therefore, she filed the present Transfer Civil
Miscellaneous Petition to transfer the case in IDOP.No.39 of 2022 from the
file of the District Court, Pudukottai, to the file of the Family Court,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.470 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 District Court,
Pudukottai, for each and every hearing.
4. Heard the learned Counsel appearing for the respondent as well.
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.470 of 2022
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
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 IDOP.No.39 of 2022 pending on the file
of the District Court, Pudukottai, is withdrawn and ordered to be transferred
to the file of the Family Court, Tiruchirappalli. The learned Principal District
Judge, Pudukottai, is directed to transmit the entire case records to the Family
Court, Tiruchirappalli, forthwith. The learned Judge, Family Court,
Tiruchirappalli, 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.470 of 2022
To
1. The Principal District Judge,
Trichy.
2. The Family Court,
Pudukottai.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.470 of 2022
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).No.470 of 2022
23.09.2022
https://www.mhc.tn.gov.in/judis
