Madras High Court
Esai Selvi vs Virendar on 23 September, 2022
TR.C.M.P(MD).No.453 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.453 of 2022
and
C.M.P(MD).No.7382 of 2022
Esai Selvi ... Petitioner
v.
S.T.Karthikeyan ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C
to withdraw the case in HMOP.No.347 of 2020 on the file of the Family
Court, Madurai and transfer the same to the Family Court, Tirunelveli.
For Petitioner : Mr.D.Vijayaragavan
For Respondent : Mr.T.Antony Arulraj
1/6
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.453 of 2022
ORDER
This Transfer Civil Miscellaneous Petition has been filed seeking
transfer of the case in HMOP.No.347 of 2020 from the file of the Family
Court, Madurai to the file of the Family Court, Tirunelveli.
2. The petitioner is the wife and the respondent is the husband. The
marriage between the petitioner and the respondent was solemnized on
17.09.2015 and out of the wedlock, they are having a female child. Due to
some misunderstanding, now, they are living separately and the respondent
has filed HMOP.No.347 of 2020 before the Family Court, Madurai, seeking
divorce. The petitioner is residing at Tirunelveli 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 Tirunelveli to Madurai.
Therefore, she filed the present Transfer Civil Miscellaneous Petition to
transfer the case in HMOP.No.347 of 2020 from the file of the Family Court,
Madurai, to the file of the Family Court, Tirunelveli.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.453 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 Family Court,
Madurai, for each and every hearing.
4. Learned Counsel for the respondent strongly objected for transferring
the petition from the Court at Madurai to the Court at Tirunelveli.
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.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.453 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 HMOP.No.347 of 2020 pending on the
file of the Family Court, Madurai, is withdrawn and ordered to be transferred
to the file of the Family Court, Tirunelveli. The learned Judge, Family Court,
Madurai, is directed to transmit the entire case records to the Family Court,
Tirunelveli, forthwith. The learned Judge, Family Court, Tirunelveli, 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.453 of 2022
To
1. The Family Court,
Madurai.
2. The Family Court,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
TR.C.M.P(MD).No.453 of 2022
B.PUGALENDHI, J.
gk
TR.C.M.P(MD).No.453 of 2022
23.09.2022
https://www.mhc.tn.gov.in/judis
