Akila vs Dheenadayalan
2023 Latest Caselaw 1058 Mad

                                                                             Tr.C.M.P(MD)No.765 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 27.01.2023

                                                           CORAM

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                Tr.C.M.P(MD)No.765 of 2022
                                                          and
                                                C.M.P(MD) No.12349 of 2022

                     Akila                                                   ... Petitioner

                                                             -Vs-


                     Dheenadayalan                                           ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw the petition in H.M.O.P.No.266 of 2022 on the file
                     of the Family Court, Dindigul and transfer the same to be tried along
                     with the petition in H.M.O.P.No.371 of 2022 on the file of the Hon'ble
                     III Additional Sub Court, Madurai.


                                        For Petitioner    : Mr.R.Saravanakumar

                                        For Respondent    : Mr.T.Selvan


                                                         ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.765 of 2022

transfer of the proceedings in H.M.O.P.No.266 of 2022 from the file of

the Family Court, Dindigul, to the III Additional Sub Court, Madurai, to

be tried along with the petition in H.M.O.P.No.371 of 2022.

2. The petitioner is the wife and the respondent is the husband. The

marriage between the petitioner and the respondent was solemnized on

04.07.2019, as per the Hindu Rites and Customs. Subsequently, due to

some difference of opinion, they separated. The respondent has filed

H.M.O.P.No.266 of 2022 before the Family Court, Dindigul, seeking

divorce. Since the petitioner/wife is a resident of T.Vadipatti, Madurai

District, she filed this present Transfer Civil Miscellaneous Petition to

transfer the proceedings in H.M.O.P.No.266 of 2022 from the file of the

Family Court, Dindigul to the III Additional Sub Court, Madurai, to be

tried along with the petition for restitution of conjugal right in

H.M.O.P.No.371 of 2022 filed by the petitioner.

3.The learned counsel appearing for the petitioner submits that the

petitioner is having two months old child and she is not having sufficient

means to travel. Hence, the petitioner finds it difficult to travel from

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.765 of 2022

Madurai to Dindigul for appearing before the Family Court, Dindigul, for

each and every hearing.

4.The learned counsel appearing for the respondent strongly

objects for transfer of the proceedings in H.M.O.P.No.266 of 2022 from

the file of Family Court, Dindigul to the III Additional Sub Court,

Madurai.

5.The Hon'ble Apex Court in the case of Amitha Shah vs-

Virendar Lal Shah, reported (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 and 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.Though the learned counsel appearing for the respondent raised

certain objections for transfer of the proceedings, this Court being

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.765 of 2022

satisfied with the reasons stated in the affidavit filed in support of this

petition and also taking into consideration that the convenience of wife is

to be taken into consideration at the time of considering transfer petitions

as held by the Hon'ble Supreme 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 H.M.O.P.No.266 of 2022 on the file

of the Family Court, Dindigul, is withdrawn and ordered to be transferred

to the file of III Additional Sub Court, Madurai, to be tried along with

H.M.O.P.No.371 of 2022. The learned Judge, Family Court, Dindigul, is

directed to transmit the entire case records to the III Additional Sub

Court, Madurai, forthwith and the learned III Additional Subordinate

Judge, Madurai, who in turn shall dispose of the same as expeditiously as

possible. No costs. Consequently, connected miscellaneous petition is

closed.

27.01.2023

NCC : Yes/No Index : Yes/No Internet : Yes/No cp

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.765 of 2022

To

1.The Family Court, Dindigul.

2.The III Additional Sub Court, Madurai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.765 of 2022

B.PUGALENDHI, J.

cp

Order made in Tr.C.M.P(MD)No.765 of 2022 and C.M.P(MD) No.12349 of 2022

27.01.2023

https://www.mhc.tn.gov.in/judis