Madras High Court
Jeyalalitha @ Murugavalli vs Ramar on 6 January, 2023
TR.CMP(MD)No.736 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.736 of 2022
and
C.M.P(MD)No.9765 of 2022
Jeyalalitha @ Murugavalli ... Petitioner
Vs
Ramar ... Respondent
Transfer Civil Miscellaneous Petition is filed
under Section 24 of C.P.C, to withdraw HMOP.No.135 of
2022 pending on the file of the Family Court,
Mannarkudi and transfer the same to the Sub Court,
Aruppukottai, Virudhunagar District.
For Petitioner : Mr.A.Balaji
For Respondent : Mr.P.Manoharan
ORDER
This Transfer Civil Miscellaneous Petition is
filed seeking transfer of the case in HMOP.No.135 of
2022 from Family Court, Mannarkudi to Sub Court,
Aruppukottai, Virudhungar District.
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TR.CMP(MD)No.736 of 2022
2.The marriage between the petitioner and the
respondent was solemnized on 28.02.2021. There are
differences of opinion between them. Therefore,
the petitioner has filed a petition in HMOP.No.135 of
2022 seeking divorce before Family Court, Mannarkudi.
Since the petitioner / wife is a resident of
Virudhunagar district, she has filed this present
Transfer Civil Miscellaneous Petition to transfer the
above proceedings from Family Court, Mannarkudi to
Sub Court, Aruppukottai 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 Mannarkudi.
3.The learned Counsel for the petitioner submits
that the petitioner is depending upon her parents,
she is not having sufficient means to lead the life and
the distance between Virudhunagar and Mannarkudi is
nearly 270 Kms and therefore, the learned Counsel prays
for allowing this petition.
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TR.CMP(MD)No.736 of 2022
4.The learned Counsel for the respondent raised
his objections to 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
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
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TR.CMP(MD)No.736 of 2022
supra, is inclined to allow the present petition.
Though the petitioner has prayed for transfer of the
case to Sub Court, Virudhunagar, this Court considering
the nature of the issue, transfer the case to Family
Court, Madurai.
7.In the light of the above, this transfer civil
miscellaneous petition stands allowed with the
following directions:
(i)The case in HMOP.No.135 of 2022 on the
file of the Family Court, Mannarkudi is
transferred to Family Court, Madurai;
(ii)The learned Judge, Family Court,
Mannarkudi 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, shall dispose
of the same as expeditiously as possible.
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TR.CMP(MD)No.736 of 2022
No costs. Consequently, connected miscellaneous
petition stands closed.
06.01.2023
Index: Yes/No
To
1.The Judge,
Family Court,
Mannarkudi.
2.The Judge,
Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis
TR.CMP(MD)No.736 of 2022
B.PUGALENDHI, J.
dsk
TR.CMP(MD)No.736 of 2022
06.01.2023
https://www.mhc.tn.gov.in/judis
