Madras High Court
Ishwarya vs S.Umasankar on 6 January, 2023
TR.CMP(MD)No.646 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.CMP(MD)No.646 of 2022
and
C.M.P(MD)No.10233 of 2022
Ishwarya ... Petitioner
Vs
S.Umasankar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to transfer the case in
HMOP.No.129 of 2022 pending on the file of the Judge,
Family Court, Srivilliputhur to the Judge, Family
Court, Madurai and take up the case with HMOP.No.658 of
2022 filed for restitution of conjugal rights before
the Family Court, Madurai.
For Petitioner : Mr.M.Sakundala Devi
For Respondent : Mr.PR.Boomee Rajan
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.129 of
https://www.mhc.tn.gov.in/judis
TR.CMP(MD)No.646 of 2022
2022 from Family Court, Srivilliputhur to Family Court,
Madurai.
2.The marriage between the petitioner and the
respondent was solemnized on 08.11.2021 at
Srivilliputhur and now due to misunderstanding between
them the respondent/ husband has filed a petition fore
dissolution of the marriage in HMOP.No.129 of 2022. The
petitioner has approached this Court by way of this
transfer civil miscellaneous petition to transfer the
above proceedings from Family Court, Srivilliputhur to
Family Court, Madurai on the ground that she is
depending upon her aged parents, no one is there to
accompany her and therefore she finds it difficult to
appear before Court at Madurai. The learned Counsel for
the petitioner further submits that the petitioner is
not having sufficient means. While so the trial Court
passed an ex-parte order without providing opportunity
to the petitioner.
https://www.mhc.tn.gov.in/judis
TR.CMP(MD)No.646 of 2022
3.The learned Counsel for the respondent submits
that the case which is sought to be transferred has
already been allowed by ex-parte order dated 19.11.2022
and therefore, this petition is not maintainable at
this stage.
4.In response, the learned Counsel for the
petitioner has produced the case status obtained from
the E-Courts website and claims that by order dated
23.11.2022 the said HMOP was restored to file and it is
now pending.
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.
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TR.CMP(MD)No.646 of 2022
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.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
(i)The case in HMOP.No.129 of 2022 on the
file of the Family Court, Srivilliputhur is
transferred to Family Court, Madurai;
(ii)The learned Judge, Family Court,
Srivilliputhur is directed to send the above
case records within a period of fifteen days
from the date of receipt of a copy of this
order to the learned Judge, Family Court,
Madurai, who in turn, on receipt of the case,
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TR.CMP(MD)No.646 of 2022
shall dispose of the same as expeditiously as
possible. No costs. Consequently, connected
miscellaneous petition stands closed.
06.01.2023
Index: Yes/No
To
1.The Judge,
Family Court,
Srivilliputhur.
2.The Judge,
Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR.CMP(MD)No.646 of 2022
B.PUGALENDHI, J.
dsk
TR.CMP(MD)No.646 of 2022
06.01.2023
https://www.mhc.tn.gov.in/judis
