Madras High Court
M.Divya vs Rajapandi on 12 January, 2023
Tr.C.M.P(MD)No.754 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.01.2023
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.754 of 2022
and
C.M.P(MD) No.12135 of 2022
M.Divya ... Petitioner
-Vs-
Rajapandi ... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw the case in H.M.O.P.No.1197 of 2022 on
the file of the Family Court, Madurai and transfer the same to the
file of the Family Court, Trichy.
For Petitioner : Mr.M.R.Priyanka Jothi
For Respondent : Mr.V.G.S.Murugan
ORDER
This Transfer Civil Miscellaneous Petition is filed
seeking transfer of the proceedings in H.M.O.P.No.1197 of 2022
from the file of the Family Court, Madurai to the file of the Family
Court, Trichy.
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Tr.C.M.P(MD)No.754 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 23.11.2012. Out of the wedlock, they have
blessed with a female child. Subsequently, due to some difference of
opinion, they separated. The respondent filed H.M.O.P.No.1197 of
2022, seeking divorce, before the Family Court, Madurai. Since the
petitioner/wife is a resident of Trichy, she filed this present Transfer
Civil Miscellaneous Petition to transfer the proceedings in
H.M.O.P.No.1197 of 2022 from the file of the Family Court,
Madurai to the Family Court, Trichy.
3.The learned counsel appearing for the petitioner
submits that the distance between Trichy and Madurai is around
136 kms and the petitioner finds it very difficult to travel such a long
distance to attend the court proceedings at Madurai, as there is no
one to accompany her.
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Tr.C.M.P(MD)No.754 of 2022
4.The learned counsel appearing for the respondent
strongly objects for transfer of the proceedings in H.M.O.P.No.1197
of 2022 from the file of the Family Court, Madurai to the Family
Court, Trichy.
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
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Tr.C.M.P(MD)No.754 of 2022
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.1197 of 2022, on the file of the Family Court, Madurai
is withdrawn and ordered to be transferred to the file of the Family
Court, Trichy. The learned Judge, Family Court, Madurai is directed
to transmit the entire case records to the Family Court, Trichy
forthwith and the learned Judge, Family Court, Trichy, who in turn
shall dispose of the same as expeditiously as possible. No costs.
Consequently, connected miscellaneous petition is closed.
12.01.2023
Index : Yes/No
Internet : Yes/No
vrn
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.754 of 2022
To
1.The Family Court, Madurai.
2.The Family Court, Trichy.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.754 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.754 of 2022
and
C.M.P(MD) No.12135 of 2022
12.01.2023
https://www.mhc.tn.gov.in/judis
