Shanmuga Priya vs Dr.K.Murugesan
2023 Latest Caselaw 1059 Mad

                                                                               Tr.C.M.P(MD)No.585 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.585 of 2022
                                                           and
                                                 C.M.P(MD) No.9370 of 2022

                     Shanmuga Priya                                            ... Petitioner
                                                              -Vs-

                     Dr.K.Murugesan                                            ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     C.P.C., to withdraw the H.M.O.P.No.2774 of 2018 on the file of the
                     V Additional Family Court, Chennai and to transfer the same to the file
                     of the Sub Court, Devakottai, for trial.


                                        For Petitioner     : Mr.D.Venkatesh

                                        For Respondent     : M/s.P.Geetha Baskar


                                                           ORDER

This Transfer Civil Miscellaneous Petition is filed seeking transfer

of the proceedings in H.M.O.P.No.2774 of 2018 from the file of the

V Additional Family Court, Chennai, to the Sub Court, Devakottai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.585 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

24.03.2008, as per the Hindu Rites and Customs. Subsequently, due to

some difference of opinion, they separated. The respondent filed

H.M.O.P.No.2774 of 2018, before the V Additional Family Court,

Chennai, seeking divorce. Since the petitioner/wife is a resident of

Karaikudi, Sivagangai District, she filed this present Transfer Civil

Miscellaneous Petition to transfer the proceedings in H.M.O.P.No.2774

of 2018 from the file of the V Additional Family Court, Chennai, to the

Sub Court, Devakottai.

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

distance between Karaikudi and Chennai is around 420 kms and it is very

difficult for the petitioner to travel such a long distance for appearing

before the V Additional Family Court, Chennai, for each and every

hearing.

4. Though notice was served on the respondent and his name has

been printed in the cause list, there is no representation on behalf of him

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.585 of 2022

either in person or through his counsel.

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 particularly the child must be taken

into account while deciding the petition for transfer. Further, 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 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.Though the relief is sought for in this petition to transfer

H.M.O.P.No.2774 of 2018 from the file of V Additional Family Court,

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.585 of 2022

Chennai, to the file of Sub Court, Devakottai and since the Family Courts

are established only for the purpose of dealing with the matrimonial

issues, this Court is inclined to transfer H.M.O.P.No.2774 of 2018 from

the file of the V Additional Family Court, Chennai, to the file of the

Family Court, Sivaganai.

8.In the light of the above, this transfer civil miscellaneous petition

stands allowed. The proceedings in H.M.O.P.No.2774 of 2018 on the file

of the V Additional Family Court, Chennai and ordered to be transferred

to the file of the Family Court, Sivagangai. The learned Judge,

V Additional Family Court, Chennai, is directed to transmit the entire

case records to the Family Court, Sivagangai, forthwith and the learned

Judge, Family Court, Sivagangai, 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.585 of 2022

To

1.The V Additional Family Court, Chennai.

2. The Judge, Family Court, Sivagangai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.585 of 2022

B.PUGALENDHI, J.

cp

Order made in Tr.C.M.P(MD)No.585 of 2022 and C.M.P(MD) No.9370 of 2022

27.01.2023

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