R.Meenakshi vs S.Rajesh
2023 Latest Caselaw 1086 Mad

                                                                               Tr.C.M.P(MD)No.688 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.688 of 2022
                                                          and
                                                C.M.P(MD) No.10999 of 2022

                     R.Meenakshi                                               ... Petitioner
                                                              -Vs-

                     S.Rajesh                                                  ... Respondent

                     Prayer: Transfer Civil Miscellaneous Petition filed under Section
                     24 of C.P.C., to withdraw and transfer the H.M.O.P.No.3 of 2022 on
                     the file of Sub Court, Pattukottai to Family Court, Madurai.


                                        For Petitioner     : Mr.R.Vignesh

                                        For Respondent : Mr.D.Ramesh Kumar


                                                          ORDER

This Transfer Civil Miscellaneous Petition is filed seeking transfer

of the proceedings in H.M.O.P.No.3 of 2022 from the file of the Sub

Court, Pattukottai to Family Court, Madurai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.688 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 28.08.2020. Subsequently, due to some difference of opinion, they

separated. The respondent filed H.M.O.P.No.03 of 2022, before the Sub

Court, Pattukottai, seeking divorce. Since the petitioner/wife is a resident

of Madurai, she filed this present Transfer Civil Miscellaneous Petition

to transfer the proceedings in H.M.O.P.No.03 of 2022 from the file of the

Sub Court, Pattukottai to the Family Court, Madurai.

3.The learned counsel appearing for the petitioner submits

that the petitioner is an unemployed person and she is not having any

means. The distance between Madurai and Pattukottai is around 150 kms

and it is very difficult for the petitioner to travel such a long distance for

appearing before the Sub Court, Pattukottai, 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.3 of 2022 from the

file of the Sub Court, Pattukottai to the Family Court, Madurai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.688 of 2022

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.Though the learned counsel appearing for the respondent raised

certain objections for transfer of the proceedings, 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.In the light of the above, this transfer civil miscellaneous

petition stands allowed. The proceedings in H.M.O.P.No.03 of 2022, on

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.688 of 2022

the file of the Sub Court, Pattukkottai, is withdrawn and ordered to be

transferred to the file of the Family Court, Madurai. The learned

Subordinate Judge, Pattukkottai, is directed to transmit the entire case

records to the Family Court, Madurai, forthwith and the learned Judge,

Family Court, Madurai, who in turn shall dispose of the same as

expeditiously as possible. No costs. Consequently, connected

miscellaneous petition is closed.

27.01.2023

Index : Yes/No Internet : Yes/No cp

To

1.The Subordinate Judge, Pattukottai.

2.The Judge, Family Court, Madurai.

https://www.mhc.tn.gov.in/judis Tr.C.M.P(MD)No.688 of 2022

B.PUGALENDHI, J.

cp

Order made in Tr.C.M.P(MD)No.688 of 2022 and C.M.P(MD) No.10999 of 2022

27.01.2023

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