Vaitheeswari vs B.Manoj Prabakar
2023 Latest Caselaw 383 Mad

Citation : 2023 Latest Caselaw 383 Mad
Judgement Date : 6 January, 2023

Madras High Court

Vaitheeswari vs B.Manoj Prabakar on 6 January, 2023

                                                                              TR.CMP(MD)No.729 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.729 of 2022
                                                          and
                                               C.M.P(MD)No.11608 of 2022

                     Vaitheeswari                                          ... Petitioner
                                                               Vs
                     B.Manoj Prabakar                                      ... Respondent

                                  Transfer    Civil    Miscellaneous       Petition     is    filed
                     under Section 24 of C.P.C, to withdraw HMOP.No.388 of
                     2022 before the II Additional Sub Court, Coimbatore and
                     transfer the same to the file of the Family Court,
                     Trichy to be tried along with HMOP.No.108 of 2022 on
                     the file of the Family Court, Trichy.


                                   For    Petitioner     :     Mr.T.Lenin Kumar
                                   For Respondent        :     Mr.M.Jagadeesh Pandian

                                                             ORDER

This Transfer Civil Miscellaneous Petition is

filed seeking transfer of the case in HMOP.No.388 of

2022 from II Additional Sub Court, Trichy to

Family Court, Trichy.

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.729 of 2022

2.The marriage between the petitioner and the

respondent was solemnized on 23.05.2019. There are

differences of opinion between them. Therefore, the

petitioner has filed a petition in HMOP.No.108 of 2022

seeking restitution of conjugal rights before Family

Court, Trichy. After receiving summons in the above

HMOP, the respondent has filed a petition for divorce

in HMOP.No.388 of 2022 before the II Additional

Sub- Court, Coimbatore. Since the petitioner / wife is

a resident of Trichy district, she has filed this

present Transfer Civil Miscellaneous Petition to

transfer the above proceedings to Family Court, Trichy

on the ground that she is depending upon her aged

parents, she is having a child of tender age, no one is

there to accompany her and therefore she finds it

difficult to appear before Court at Coimbatore by

travelling a long distance.

3.The learned Counsel for the petitioner submits

that when the petitioner has filed the above HMOP

before the Family Court, Trichy for restitution of

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.729 of 2022

conjugal rights, the respondent with an intention to

harass the petitioner has filed a petition for divorce

before the Court at Coimbatore, that too after entering

appearance in the petition filed by the petitioner.

4.The learned Counsel for the respondent opposes

this petition.

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.This Court being satisfied with the reasons

stated in the affidavit filed in support of this

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.729 of 2022

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.388 of 2022 on the

file of the II Additional Sub Court, Coimbatore

is transferred to Family Court, Trichy;

(ii)The learned II Additional Sub Judge,

Coimbatore 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, Trichy, who in

turn, on receipt of the case, shall try it

along with HMOP.No.108 of 2022 and dispose of

https://www.mhc.tn.gov.in/judis TR.CMP(MD)No.729 of 2022

the same as expeditiously as possible.

No costs. Consequently, connected miscellaneous

petition stands closed.