Madras High Court
Sulathana Parveen vs Syed Kasim on 6 January, 2023
TR.CMP(MD)Nos.774 and 776 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.CMP(MD)Nos.774 and 776 of 2022
and
C.M.P(MD)Nos.12486 and 12487 of 2022
Sulathana Parveen ... Petitioner
Vs
Syed Kasim ... Respondent
Transfer Civil Miscellaneous Petitions are filed
under Section 24 of C.P.C, to withdraw GWOP.No.145 of
2022 of 2022 and OS.No.81 of 2022 on the file of the
Family Court, Tiruchirappalli and transfer the same to
the Family Court, Tiruppur.
For Petitioner : Mr.T.Vadivelan
For Respondent : Mr.P.Ganapathi Subramaniam
COMMON ORDER
These Transfer Civil Miscellaneous Petitions are
filed seeking transfer of the cases in GWOP.No.145 of
2022 and OS.No.81 of 2022 from the Family Court,
Tiruchirappalli to the Family Court, Tiruppur.
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TR.CMP(MD)Nos.774 and 776 of 2022
2.The learned Counsel for the petitioner submits
that the marriage between the petitioner and the
respondent was solemnized on 30.11.2017 at Trichy and
out of the wedlock, they are having a child.
However, due to differences of opinion, they are living
separately and the minor child is with the petitioner.
The petitioner has filed a petition in OS.No.81 of 2022
for restitution of conjugal rights before the Family
Court at Trichy and the respondent husband has filed a
petition in GWOP.No.145 of 2022 seeking for the custody
of the child before the Family Court, Trichy.
According to the petitioner, pending the above cases,
the petitioner has been transferred from Trichy to
Tiruppur and therefore, it is difficult for her to
attend the Court at Trichy with the minor child, whose
studies are also affected. Therefore, the learned
Counsel prayed that these petitions be allowed.
3.The learned Counsel for the respondent opposes
these petitions.
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TR.CMP(MD)Nos.774 and 776 of 2022
4.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.
5.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 petitions.
6.In the light of the above, these transfer civil
miscellaneous petitions stand allowed with the
following directions:
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TR.CMP(MD)Nos.774 and 776 of 2022
(i)The case in GWOP.No.145 of 2022 and
OS.No.81 of 2022 on the file of the Family
Court, Trichy is transferred to Family Court,
Tiruppur;
(ii)The learned Judge, Family Court, Trichy
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, Tiruppur, who in
turn, on receipt of the case, shall try it
along with HMOP.No.108 of 2022 and 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,
Trichy.
2.The Judge,
Family Court,
Tiruppur.
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TR.CMP(MD)Nos.774 and 776 of 2022
B.PUGALENDHI, J.
dsk
TR.CMP(MD)Nos.774 and
776 of 2022
06.01.2023
https://www.mhc.tn.gov.in/judis
